Introduction

The Condominium Law (“CCL”) and management plans constitute the fundamental legal regulations that determine which management unit has the authority to collect dues in apartment and complex living. However, one of the problems frequently encountered in practice is the jurisdictional disputes that arise regarding whether the authority to collect dues belongs to the collective building management or to the island/block/parcel managements. In this context, Supreme Court decisions also base the determination of this authority on both the provisions of the CCL and the binding nature of the management plans.

1. Problem: Jurisdictional Confusion in Dues Collection Authority

Disputes regarding the authority to collect dues generally arise in the context of the interpretation of the management plan and its relationship with the provisions of the CCL. For example, in its decision dated 2020/12058 E., the 5th Civil Chamber of the Supreme Court was asked to resolve a dispute concerning “whether the authority to collect dues lies with the collective building management or the island management”. In the decision, the plaintiff asserted that the authority to collect dues exclusively belonged to the collective building management and that the defendant island management was collecting dues without authorization. (Supreme Court, 5th Civil Chamber, 2020/12058 E.)

Similarly, the 20th Civil Chamber of the Supreme Court, in its decision numbered 2017/2312 E., stated that a specific block management does not have the authority to collect dues from another block according to the management plan, and ruled that this authority rests solely with the relevant block management (Supreme Court 20th Civil Chamber, 2017/2312 E.). Furthermore, the 18th Civil Chamber of the Supreme Court, in its decision numbered 2015/2716 E., clearly stated that the collective building management does not have the authority to collect dues from plot owners, and that this authority belongs to the plot managements (Supreme Court 18th Civil Chamber, 2015/2716 E.).

2. Solution: Determination of Authority Distribution According to the Management Plan and the Condominium Law

In determining the authority to collect dues, the management plan must primarily be taken into account. This is because the management plan is a binding and regulatory document that follows the law in the hierarchy of norms under the Condominium Ownership regime. If the management plan explicitly grants the collective building management or sub-management units (e.g., island, block, or plot manager) the authority to collect dues, compliance with this regulation is mandatory.

In this context, the 18th Civil Chamber of the Supreme Court, in its decision numbered 2013/7471 E., stated that actions concerning the collection of dues must be in accordance with the management plan, and that this plan must be applied fairly, considering the rights of the condominium owners (Supreme Court 18th Civil Chamber, 2013/7471 E.).

Conclusion

In disputes regarding the authority to collect dues, the solution requires the joint evaluation of the provisions of the Condominium Law (KMK) and the management plan. In determining which management unit possesses this authority; whether there is an explicit provision in the management plan, whether the management plan has been amended in accordance with Article 28 of the KMK, and whether the management unit in question has the qualification to represent the owners of the relevant independent sections are determining factors.

If the management plan clearly specifies which unit is granted this authority, attempts to collect dues contrary to this plan constitute an unauthorized act. On the other hand, in cases of ambiguity or deficiency in the plan, judicial authorities determine the nature of the authority to collect dues by interpreting it within the framework of the KMK provisions.

Why is an Expert Lawyer’s Opinion Necessary? | Tuzla Lawyer

Disputes concerning the authority to collect dues frequently arise in regions with high-density multi-block developments, especially in areas like Tuzla, Pendik, and Kartal. Deficiencies in the management plan, practices contrary to law, and confusions of authority are serious issues that can lead to loss of rights.

Therefore, the opinion of an attorney specializing in condominium law in Tuzla on matters such as the legality of the Management Plan, who has the authority to collect dues, and how to prevent unauthorized collection, is of great importance for determining the correct solutions. An expert attorney familiar with local practices and court decisions will help you protect your rights. An article suggestion on this topic.