Germany's Wohnungseigentümergemeinschaft (WEG) system, the legal framework governing condominium ownership, has undergone significant reform since the WEG Modernization Act took effect in December 2020. For German investors accustomed to that structure, evaluating the equivalent governance mechanism in Türkiye, the Kat Mülkiyeti Kanunu (Condominium Ownership Law, No. 634), is an essential and often overlooked step before purchasing an apartment or commercial unit within a shared building or gated development.
How Turkish Condominium Governance Differs from German WEG Practice
Under Law No. 634, every co-owner in a building automatically becomes a member of the yönetim planı (management plan) framework, similar in spirit to a WEG's Teilungserklärung. The management plan sets out each unit's share of common expenses, usage rights over shared areas, and the rules governing the yönetici (building manager) and the general assembly (kat malikleri kurulu). Unlike the German Verwalter, who operates under fairly standardized professional licensing expectations following recent reforms, Turkish building managers are frequently unit owners themselves, elected informally at annual meetings, and professional third-party management is far less common outside premium developments and larger residential complexes.
Practical implication : Before purchase, German buyers should request the current management plan, the last two years of assembly meeting minutes, and an itemized breakdown of aidat (monthly maintenance fee) arrears across the building, not just the unit being purchased.
Assembly Meetings and Voting Weight
Turkish law requires an annual general assembly, typically held in the first quarter, where budgets, major repairs, and management appointments are decided. Voting weight is generally tied to arsa payı (land share), a fixed percentage assigned to each unit in the title deed, rather than a one-owner-one-vote system. This mirrors the German approach of weighting votes by Miteigentumsanteil in many WEG bylaws, but the underlying calculation methods and disclosure practices differ enough that buyers should have their legal advisor confirm the recorded land share matches the marketing materials before signing.
Practical implication : A unit with a disproportionately low land share can carry less voting influence than its purchase price would suggest, which matters for investors planning to participate actively in building decisions such as renovation cycles or shared facility upgrades.
Common Expense Allocation and Reserve Funds
Unlike Germany's Erhaltungsrücklage, which has become a more standardized and often legally mandated maintenance reserve since the 2020 reform, Turkish buildings are not universally required to maintain a formal reserve fund. Where reserves exist, they are typically set by the management plan or a general assembly resolution rather than statute. This creates variability: well-managed new developments, particularly those built by established developers, often include structured reserve provisions, while older buildings may operate on a pay-as-needed basis, exposing owners to unpredictable special assessments for major repairs such as roof replacement, facade work, or elevator modernization.
Practical implication : Ask specifically whether a reserve fund exists, its current balance, and whether any major capital expenditure has been discussed but not yet budgeted. This single question can reveal significant future cost exposure that is not visible in a standard title search.
Dispute Resolution and Manager Accountability
German WEG owners can escalate disputes through the Amtsgericht with a well-established body of case law. In Türkiye, disagreements over management decisions, expense allocation, or manager conduct are generally addressed through the sulh hukuk mahkemesi (civil court of peace) or through mediation, and while the legal remedies exist, the process can be slower and less predictable for a foreign owner unfamiliar with local procedure. Foreign nationals retain full standing to challenge assembly decisions under Turkish law, and residency status, including any pathway related to property acquisition, does not affect these rights.
Practical implication : A local property manager or legal representative with power of attorney can materially reduce the friction of pursuing or responding to governance disputes, particularly for owners who do not reside in Türkiye year-round.
What This Means for Due Diligence
For German investors, the practical takeaway is that Turkish condominium governance is legally robust but administratively less standardized than the post-reform WEG system. The gap is not one of legal protection so much as of documentation discipline and professional management penetration. Building a due diligence checklist around the management plan, land share verification, reserve fund status, and recent assembly minutes addresses most of the governance risk before it becomes a post-purchase surprise. Working with an advisory team that reviews these documents in the original Turkish and can attend or request proxy representation at assembly meetings remains the most reliable way to close this gap.