Understanding Site Management Under Türkiye's Condominium Law
British buyers of apartments and villas in Türkiye's gated communities often assume that homeowners' association governance works much like it does at home. It does not. Türkiye's system is built around the Kat Mülkiyeti Kanunu (Condominium Ownership Law, No. 634), which sets out rights and obligations that differ from the UK's leasehold and management company model in ways that matter for day-to-day living and for long-term value.
Under Turkish law, every owner in a multi-unit building or gated development automatically becomes a member of the "site yönetimi" (site management), whether or not they ever attend a meeting. There is no opt-out. Decisions are made by majority vote at an annual general assembly, and the resulting management plan (yönetim planı) is legally binding on all owners, including those who bought after it was adopted. For a UK buyer used to reviewing a lease and service charge schedule before exchange, the equivalent Turkish document is this management plan, and it deserves the same scrutiny.
Voting weight : Voting power is usually tied to the "arsa payı," the land share allocated to each unit at the time the building was registered, not simply one vote per owner. This means a penthouse or larger villa may carry disproportionate influence over budget decisions, service provider selection, and dues levels. Buyers should ask for the arsa payı breakdown before purchase, since it affects both cost exposure and voting leverage.
Service charges (aidat) : Monthly dues are set by the general assembly and can be increased year to year, sometimes significantly in developments with pools, security staff, or landscaped grounds. Unlike UK service charge caps that are sometimes negotiated into a lease, Turkish dues are set collectively and apply uniformly per the plan's formula. Arrears carry statutory interest and, in persistent cases, can lead to a legal claim against the owner, so absentee owners should arrange automatic payment rather than rely on periodic visits.
Where UK Owners Commonly Run Into Difficulty
Non-resident owners frequently miss general assembly notices sent by registered mail or posted at the site, since Turkish practice still relies heavily on physical notice rather than email. Missing a meeting does not exempt an owner from resulting obligations. A practical safeguard is appointing a local proxy, often the managing agent or a trusted resident, with a notarized power of attorney limited to site management matters.
Another frequent issue is confusion between the elected site manager (yönetici) and a professional management company. Many larger developments now outsource day-to-day operations to licensed firms, but the appointed manager, who may be an unpaid resident owner, still holds ultimate legal authority and signing responsibility for the association's accounts. Reviewing recent audited financial statements (denetim raporu) before purchase gives a clearer picture of reserve fund health than dues levels alone.
Dispute resolution also differs. Disagreements over shared facilities, noise, or unauthorized alterations are generally addressed through the site's internal management plan first, with escalation to the local magistrate's court (sulh hukuk mahkemesi) if unresolved. This is a faster and less costly forum than most UK County Court leasehold disputes, but it operates in Turkish, so buyers without local language support should budget for legal translation from the outset.
Practical due diligence steps : Before signing, request the current management plan, the last two years of general assembly minutes, the audited accounts, and confirmation of any pending special assessments for capital works such as facade repairs or elevator replacement. These documents reveal far more about the true cost and governance quality of a development than the sales brochure.
For UK buyers, the underlying principle to remember is that Turkish condominium governance is collective and binding by design, with less room for individual negotiation than UK leasehold practice allows. Engaging a local advisor to review the management plan and financial history before purchase, and maintaining an active local point of contact afterward, remains the most reliable way to avoid governance surprises once the purchase is complete.