Unofficial English translation for information only. In case of discrepancy, the Turkish text prevails. This translation is not legal advice.
Turkish source: Law No. 634, Official Gazette 02/07/1965, No. 12038. Turkish text as published on mevzuat.gov.tr, checked on 26 October 2026: https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=634&MevzuatTur=1&MevzuatTertip=5
CHAPTER FIVE – Management of the Main Immovable Property
Article 27 – A) General assembly
The main immovable property shall be managed by the condominium owners’ assembly, and the manner of management shall be decided by that assembly, subject to the mandatory provisions of laws.
Article 28 – B) Management plan
The management plan regulates the manner of management, the purpose and manner of use, the remuneration to be received by managers and auditors, and other matters relating to management. The management plan has the force of a contract binding on all condominium owners.
In cases not provided for in the management plan, disputes arising from the management of the main immovable property shall be resolved in accordance with this Law and general provisions.
(Amended: 13/4/1983 - 2814/11 art.) A vote of four-fifths of all condominium owners is required to amend the management plan. The right of condominium owners to apply to the court under Article 33 is reserved.
The management plan and amendments made to it shall bind all condominium owners, their universal and singular successors, and the managers and auditors.
The date of the management plan and of amendments subsequently made to it shall be shown in the “Declarations” column of the condominium register, and those amendments shall be attached to the management plan and kept among the documents establishing condominium ownership.
Article 29 – I - Time of meeting
The condominium owners’ assembly shall meet at the times specified in the management plan, at least once a year, or, if no such time is specified, within the first month of each calendar year. (Added sentence: 14/11/2007-5711/14 art.) In multi-building developments, the assemblies shall meet at the times specified in the management plans, at least once every two years, or, if no such time is specified, within the first month of the second calendar year.
If an important reason arises, the condominium owners’ assembly may meet at any time upon the request of the manager, the auditor or one-third of the condominium owners, provided that all condominium owners are summoned by a call to be signed by them or by registered letter at least fifteen days before the requested meeting date, and the reason for the meeting is stated.
When the first call is made, the place and date of the second meeting shall also be specified in case the required quorum is not reached at the first meeting. (Added sentence: 14/11/2007-5711/14 art.) The interval between the first and second meetings may not be less than seven days.
Article 30 – II - Quorum
The condominium owners’ assembly shall meet with more than half of the condominium owners in number and land shares, and shall decide by majority vote.
(Amended second paragraph: 14/11/2007-5711/15 art.) If the first meeting cannot be held because the quorum is not reached, the second meeting shall be held no later than fifteen days thereafter. At this meeting, the decision quorum shall be an absolute majority of those attending.
Provisions of this Law that separately prescribe a quorum are reserved.
Article 31 – III - Participation in voting
Each condominium owner has one vote, regardless of the proportion of their land share.
A condominium owner who has more than one independent unit in the main immovable property has a separate vote for each independent unit; however, regardless of the number of independent units they own, the number of votes they hold may not exceed one-third of all votes; fractions shall be disregarded when calculating votes.
If an independent unit has more than one owner, one of them, to whom the others grant a power of attorney, shall represent them at the condominium owners’ assembly. If a condominium owner lacks legal capacity, their legal representative shall represent them.
A condominium owner directly concerned by a decision to be taken may attend the deliberations but may not vote.
(Amended final paragraph: 14/11/2007-5711/16 art.) A condominium owner may cast their vote through an authorized representative. No person may be appointed as representative to cast more than five per cent of the votes. However, in immovable properties subject to condominium ownership with forty or fewer units, one person may hold powers of attorney for no more than two persons.
Article 32 – IV - Decisions
The main immovable property shall be managed in accordance with decisions taken by the condominium owners’ assembly pursuant to the contract, the management plan and the provisions of law.
All condominium owners and their universal and singular successors, as well as managers and auditors, are obliged to comply with the decisions of the condominium owners’ assembly.
Disputes arising among condominium owners, between them and the manager or auditors, or between auditors and managers, concerning the use or management of the main immovable property shall be resolved and decided by the condominium owners’ assembly.
Decisions of the condominium owners’ assembly shall be entered in a book with pages numbered consecutively starting from (1), each page certified with the notary’s seal, and signed by all condominium owners present at the meeting; those voting against a decision shall sign, stating the reason for their dissent.
Future disputes concerning a matter shall, as a rule, be resolved in accordance with an earlier decision on the same matter, if one exists in the decision book.
Article 33 – V - Intervention by the Judge
(Amended first paragraph: 14/11/2007-5711/17 art.) Any condominium owner who attended the meeting of the condominium owners’ assembly but voted against the decision pursuant to Article 32 may bring an action for annulment before the civil court of peace at the place where the main immovable property is located within one month from the date of the decision; any condominium owner who did not attend the meeting may bring such action within one month from learning of the decision and, in any event, within six months from the date of the decision. No time limit shall apply where decisions of the condominium owners’ assembly are deemed non-existent or invalid by reason of absolute nullity. A condominium owner who has suffered damage because another condominium owner, or a person who continuously benefits from that owner’s unit under a lease contract, a right of residence or on another basis, has failed to fulfil their obligations may apply to the civil court of peace at the place where the main immovable property is located and request the judge’s intervention.
After hearing the persons concerned, the judge shall decide immediately in accordance with this Law and the management plan or, if neither contains a provision, in accordance with the general provisions and the rules of equity, and shall inform the person concerned, by pronouncement or service, that the decision must be complied with within a short period to be determined by the judge.
(Amended third paragraph: 14/11/2007-5711/17 art.) The same court shall impose an administrative fine of between two hundred and fifty Turkish Liras and two thousand Turkish Liras on those who fail to comply with the judge’s decision within the period determined. The provision of Article 25 is reserved.
Article 34 – I - Appointment
The condominium owners may entrust the management of the main immovable property to a person or a three-person board whom they select from among themselves or from outside; that person is called the “manager” and the board the “board of directors”.
If the main immovable property has eight or more independent units, appointment of a manager is mandatory.
If all units of the main immovable property are owned by one person, the owner is legally the manager.
The manager shall be appointed by a majority of the condominium owners in terms of both number and land shares.
The manager shall be reappointed each year at the statutory annual meeting of the board of condominium owners; the former manager may be reappointed.
If the condominium owners cannot agree on the management of the main immovable property or cannot meet and appoint a manager, a manager shall be appointed for that immovable property by the civil court of peace at the place where it is located, upon application by one of the condominium owners and, if possible, after hearing the others. This manager shall have the same powers as a manager appointed by the condominium owners and shall be responsible to them.
A manager appointed by the civil court of peace may not be replaced by the board of condominium owners until six months have elapsed from the appointment. However, if just cause arises, the civil court of peace that appointed the manager may permit the replacement.
When the manager is appointed, the contract concluded with that manager may require the provision of security; even if the contract contains no such requirement, the board of condominium owners may require the manager to provide security if just cause arises.
(Amended last paragraph: 14/11/2007-5711/18 art.) The manager’s first and last name and work and home addresses must be displayed in a frame beside the entrance door of the main immovable property or at a place visible upon entry. If this is not done, upon application by the person concerned, the same court shall impose an administrative fine of between fifty and two hundred and fifty Turkish Liras on the manager or each member of the board of directors.
Article 35 – 1. Performance of General Management Duties
The manager’s duties shall be specified in the management plan; unless the management plan provides otherwise, the manager shall perform the following tasks:
a) carrying out the resolutions adopted by the board of condominium owners;
b) taking the measures required for the use, protection, maintenance and repair of the main immovable property in accordance with its purpose;
c) insuring the main immovable property;
d) collecting advances from the condominium owners for the general management of the main immovable property, maintenance works such as protection, repair and cleaning, the operation of elevators, heating and hot and cold air systems, and insurance, at the time specified in the management plan or, if no time is specified, during the first month of each calendar year, until the operating project is approved;[7]
e) accepting all other payments relating to the management of the main immovable property, paying obligations arising from its management and, if separately authorised by the condominium owners, collecting rents for the independent units;
f) accepting service of notifications concerning the main immovable property as a whole;
g) taking the necessary measures to prevent the expiry of any time limit concerning the main immovable property or the loss of any right;
h) taking on behalf of the condominium owners the necessary measures that benefit them for the protection and maintenance of the main immovable property;
i) bringing actions and commencing enforcement proceedings against condominium owners who fail to fulfil their obligations relating to condominium ownership, and having the statutory mortgage right registered in the condominium ownership register;
j) opening an account in the manager’s own name at a reputable bank, with the manager’s capacity as manager of the main immovable property indicated, for depositing and, when necessary, withdrawing the money and advances collected;
k) convening the board of condominium owners.
l) (Added: 4/4/2015-6645/82 art.) Having the elevators in the main immovable property undergo monthly maintenance and annual inspections in accordance with the relevant technical regulations, to ensure their safe operation, and paying the fees relating to these procedures.
(Added paragraph: 4/4/2015-6645/82 art.) In a main immovable property where no manager has been appointed despite meeting the conditions set out in Article 34 of this Law, the condominium owners shall be jointly responsible for having the tasks listed in the first paragraph carried out.
Article 36 – 2. Keeping Records and Retaining Documents
The manager must enter the resolutions of the board of condominium owners, the minutes thereof, summaries and dates of warnings and notifications served, and all expenses, in chronological order in the register referred to in Article 32, and must keep that register, the expense records and all other documents in a file.
The manager must have this register closed by a notary within one month from the end of each calendar year.
The penalties set out in the last paragraph of Article 33 shall apply to a manager who fails to perform the duties set out in this Article.
Article 37 – 3. Preparation of the Operating Project
(Amended: 13/4/1983 - 2814/12 art.)
(Amended first paragraph:7/5/2026-7579/4 art.) The operating project shall be approved by the general assembly of condominium owners. If there is no operating project approved by the board of condominium owners, the manager shall, without delay, prepare a provisional operating project pending approval by the board of condominium owners within three months at the latest.
In this project, the following shall in particular be shown:
a) the estimated income and expenditure amounts for the management of the main immovable property for one year;
b) the estimated amount of all expenses to be borne by each condominium owner in accordance with the principles set out in Article 20 of this Law;
c) (Amended:7/5/2026-7579/4 art.) the amount of the advance each condominium owner must pay in accordance with the principles set out in Article 20;
This project shall be notified to the condominium owners or persons actually benefiting from an independent unit, against their signatures or by registered letter, and a decision shall be taken at the general assembly within three months at the latest to approve it as is or with amendments. (Repealed sentence:7/5/2026-7579/4 art.)[8]
Finalised operating projects or resolutions of the board of condominium owners concerning operating expenses shall be deemed among the documents specified in paragraph 1 of Article 68 of the Enforcement and Bankruptcy Law.
(Added paragraph:7/5/2026-7579/4 art.) If there is an existing operating project, the amount provided for in the provisional operating project shall be determined each year, effective from the beginning of the calendar year, by increasing the amount of the operating project currently in force by a rate not exceeding the revaluation rate determined and announced for the preceding year under the provisions of Supplementary Article 298 (bis) of Tax Procedure Law No. 213 dated 4/1/1961, and shall be submitted to the board of condominium owners in the manner specified above.
Article 38 – 1. General Rule
The manager shall be liable to the condominium owners in the same manner as an agent.
(Added paragraph: 14/11/2007-5711/19 art.) Actions for annulment of resolutions of the board of condominium owners, the board of block representatives or the board of representatives of the mass building may be brought against the manager in the capacity of representative of the condominium owners or, in mass buildings, against the manager selected by the board of block representatives or the board of representatives of the mass building in that capacity. The manager shall notify all condominium owners and the board of block representatives or the board of representatives of the mass building of the action brought. If the resolution of the board is annulled, the litigation expenses relating thereto shall be paid from the common expenses.
Article 39 – 2. Rendering Accounts
At the times specified in the management plan or, if no such time is specified, during the first month of each calendar year, the manager shall render to the board of condominium owners an account of the income received and expenses incurred in relation to the main immovable property up to that date.
If half of the condominium owners so request, the manager may be required to render an account at times other than those specified in the management plan, regardless of their land shares.
Article 40 – IV - Rights
As a rule, the manager shall have the rights of an agent.
If the condominium owners fail to perform fully and on time the obligations incumbent on them, despite a warning served through a notary by the manager, the manager may terminate their own contract and resign from the office of manager, without being required to pay any compensation, and may claim from the condominium owners compensation for the damage suffered as a result.
The manager may request a reasonable fee from the condominium owners even if no fee has been specified in the management plan or in the contract concluded with the manager.
(Amended: 13/4/1983-2814/13 art.) The board of condominium owners shall decide whether a manager appointed from among the condominium owners shall contribute to ordinary management expenses and, if so, to what extent. If no decision is adopted in this regard, the manager shall not contribute to half of the ordinary management expenses falling to the manager during the term of office.
Article 41 – E) Supervision of Management
The board of condominium owners shall continuously supervise the manager’s conduct in office and may replace the manager at any time if just cause arises.
If no specific time is set in the management plan for the audit of accounts, this audit shall be conducted every three months; however, if just cause arises, the accounts may be audited at any time.
The board of condominium owners may assign the audit to an auditor or a three-person audit board selected from among its members by a majority in terms of number and land shares; in that case, the auditor or audit board shall report the audit results and its views on the management of the main immovable property to the board of condominium owners at the times specified in the management plan or, if no time is specified, during the first month of each calendar year; copies of this report shall be made and one copy sent to each condominium owner by registered letter.
Auditors shall enter this report, the decisions they issue and any other matters they deem necessary in a register with consecutively numbered pages starting from (1), each page certified with a notarial seal, date the entries and sign beneath them.
Article 42 – I - Beneficial Improvements
Condominium owners may not independently make any change in the common areas of the main immovable property; all improvements and additions that serve to render the common areas orderly or their use more comfortable and convenient, or to increase the benefit derived from those areas, shall be carried out upon a resolution adopted by a majority of the condominium owners in terms of number and land shares.
(Added paragraph: 1/7/2005-5378/19 art.) Where necessary for the lives of persons with disabilities, the project amendment shall be discussed at a meeting to be held by the condominium owners within three months at the latest and decided by a majority in terms of number and land shares. If the meeting cannot be held within this period or the amendment request is not approved by a majority, construction, repair and installation shall be carried out in accordance with a certified project amendment or sketch obtained from the relevant authorities, based on a commission report stating that building safety is not endangered, upon the request of the relevant condominium owner. The relevant authorities shall decide on requests for a certified project amendment or sketch within six months at the latest. The procedures and principles concerning the establishment of the commission, its working procedure and the process following use by the person with a disability shall be determined by a regulation to be jointly prepared by the Ministry of Public Works and Settlement and the Administration for Persons with Disabilities.[9]
The expenses for these works shall be paid by those who benefit from the improvements, in proportion to the benefit derived.
(Amended fourth paragraph: 18/4/2007-5627/16 art.) Upon the request of one of the condominium owners, thermal insulation, conversion of the heating system’s fuel, and conversion of the heating system from a central system to an individual system or from an individual system to a central system shall be carried out upon a resolution adopted by a majority of the condominium owners in terms of number and land shares. However, in buildings with a total construction area of two thousand square metres or more, conversion of the central heating system to an individual heating system shall be carried out upon a resolution adopted unanimously by the condominium owners in terms of number and land shares. The expenses for common works to be carried out in this regard shall be paid in proportion to land shares. The procedures and principles for apportioning heating expenses in central heating systems shall be regulated by a regulation to be put into effect by the Ministry of Public Works and Settlement.
(Amended fifth paragraph: 18/4/2007-5627/16 art.) If it is decided to convert the heating system from a central system to an individual system or from an individual system to a central system, provisions of the management plan contrary to this decision shall be deemed amended.
Article 43 – II - Improvements That Are Very Costly or Luxurious
If the improvements and additions desired to be made are very costly, are luxurious in nature in view of the special circumstances of the structure, or are not located in areas or passageways that all condominium owners must necessarily use, a condominium owner who does not wish to benefit from them shall not be obliged to contribute to the expenses; the expenses for such improvements and additions shall be paid by the condominium owners who decided to have them made.
However, if a condominium owner who did not initially contribute to the expenses, or that owner’s universal or singular successors, later contribute to the expenses of making and maintaining the improvements and additions in proportion to their land shares, they shall acquire the right to benefit from the luxurious improvement or addition made.
Article 44 – III - Addition of an Independent Unit
For the addition of a floor to the main immovable property, the construction of a full floor in place of an existing recessed floor, or the subsequent construction or addition, on the ground or basement floors or in the vacant part of the land, of the places specified in the second paragraph of Article 24:
a) the board of condominium owners must decide unanimously;
b) according to the state of the main immovable property after this construction, the land shares to be allocated to all independent units, including the new additions, must be redetermined in due form and unanimously;
c) a condominium easement must be established over the land share allocated to the new independent unit to be added, by an official deed executed before the land registry officer pursuant to Article 14, this must be registered in the easements column of the condominium ownership register for all independent units of the main immovable property, and a link must be established with the closed former register page of the main immovable property pursuant to Article 13;
These conditions are mandatory.
The official deed shall state that condominium owners who consent to additions and extensions of this kind but do not wish to participate agree to the allocation to the independent units of those carrying out the additions of the portion deducted from their land shares as a result of the additions.
In that case, provided that the amount corresponding to the portion deducted from the land shares of the condominium owners who did not participate in the construction of the new independent unit as a result of the new allocation is paid to them, the newly constructed independent unit shall be converted into condominium ownership pursuant to the former official deed concerning the establishment of a condominium easement, become the property of the person who had it constructed or the joint property of the persons who had it constructed, and be registered in a separate page of the condominium ownership register in the name of the new owner or owners.
Article 45 – G) Dispositions of Alienation and Important Matters
Dispositions of alienation such as encumbering the main immovable property with a right or dividing the land and transferring ownership of the divided portion to another, or important management matters such as leasing the exterior walls, roof or top of the main structure for advertising purposes, may be carried out only upon a resolution adopted unanimously by all condominium owners.
Notes
[7] By Article 3 of Law No. 7579 dated 7/5/2026, the phrase “the collection of an appropriate amount of money as an advance and, when that advance has been spent, the collection of another advance for the remaining work” in this subparagraph was changed to “collection of the advance until the operating project is approved”.
[8] By Article 4 of Law No. 7579 dated 7/5/2026, the phrase “and a decision is taken at the general assembly within at most three months to approve it as is or with amendments” was added to the first sentence of this paragraph after the word “notified”.
[9] By Article 1 of Law No. 6462 dated 25/4/2013, the words “persons with disabilities” and “person with a disability” in this paragraph were changed respectively to “persons with disabilities” and “person with a disability”.