Months go by, you knock on the door, send messages, and issue reminders—but a property owner still refuses to pay the apartment maintenance fees. What legal options do you have?
Under the Turkish Condominium Ownership Law (Law No. 634), building and residential complex managers are granted important legal remedies against owners who fail to pay their common expenses. This guide explains the collection process from beginning to end.
Why Are Maintenance Fees So Important?
Apartment fees cover essential shared expenses such as:
- Elevator maintenance
- Cleaning services
- Security services
- Common area electricity and utilities
When one property owner fails to pay, the financial burden is unfairly shifted to the other owners. As a building manager, you have both a legal and practical responsibility to protect the interests of the community.
Article 20 of the Turkish Condominium Ownership Law clearly states that all property owners are required to contribute to common expenses.
Step 1: Send a Formal Notice
Before initiating enforcement proceedings, it is advisable to send a formal notice through a notary public. Although this is not legally mandatory, it demonstrates good faith and may strengthen your position in future legal proceedings.
The notice should include:
- The total amount owed and the relevant payment periods
- A payment deadline (generally 7 to 15 days)
- A warning that legal action will be taken if payment is not made
Step 2: Start Enforcement Proceedings
If payment is still not made, enforcement proceedings may begin.
a) Enforcement Without a Court Judgment (Most Common Method)
Maintenance fee claims can generally be pursued through enforcement proceedings without first obtaining a court judgment.
The building manager may apply to the enforcement office and request the issuance of a payment order. The debtor will generally have a limited period to either pay the debt or object to the claim.
If the debtor objects:
The enforcement process is suspended, and legal action may be required to remove the objection.
If the debtor does not object:
The proceedings become final, and enforcement measures such as seizure of bank accounts, vehicles, or real estate assets may be initiated.
b) Enforcement Based on a Court Judgment
If there is already a court decision regarding the debt, enforcement can proceed directly based on that judgment, usually resulting in a faster process.
Step 3: Obtain Authorization from the Owners' Assembly
An important practical issue is that the building manager may need authorization from the condominium owners’ assembly before initiating legal proceedings.
This authority should be clearly reflected in:
- The management plan, or
- The minutes of the owners’ meeting
Failure to obtain the required authority may create procedural challenges during the enforcement process.
Step 4: Claim Late Payment Compensation
According to the Condominium Ownership Law, delayed maintenance fee payments may be subject to statutory late payment compensation.
For example, if an owner has failed to pay for several months, the manager may claim both the principal debt and the applicable late payment charges.
Step 5: Asset Seizure and Sale
Once the enforcement proceedings become final, the debtor’s assets—including real estate and other valuable property—may become subject to enforcement measures.
If the debt remains unpaid, seized assets may ultimately be sold through the enforcement process, and the proceeds used to satisfy the outstanding claim.
What If the Tenant Does Not Pay?
A frequently asked question concerns tenants.
Legally, the primary responsibility for maintenance fees belongs to the property owner, not the tenant. Even if a lease agreement requires the tenant to pay these expenses, the building management generally pursues the owner, who may then seek reimbursement from the tenant under the lease agreement.
Practical Tips for Building Managers
- Monitor maintenance fee payments on a monthly basis.
- Keep copies of all communications, including electronic messages.
- Consider obtaining professional legal assistance to reduce procedural risks.
- Review the building management plan, as it may contain special provisions regarding debt collection.
Conclusion
If a property owner refuses to pay maintenance fees, the following legal steps may be considered:
- Send a formal notice
- Obtain the necessary management authorization
- Initiate enforcement proceedings
- Take legal action if an objection is raised
- Proceed with asset seizure and, if necessary, judicial sale
When handled properly, the legal process not only helps recover unpaid fees but also protects the financial interests of all other property owners within the building or residential complex.