Condominium Maintenance Fee (Aidat) and Complex Management Dispute Lawyer in Alanya

Condominium Maintenance Fees (Aidat) and Complex Management Law in Alanya

Foreign apartment and villa owners across Alanya’s residential resort complexes—especially in Mahmutlar, Oba, Kestel, Tosmur, Avsallar, Konaklı, and Kargıcak—frequently encounter disputes with building management companies (Site Yönetimi) over arbitrary, opaque, or Euro-indexed monthly maintenance fee (Aidat) increases, unapproved renovation assessments, and denial of access to financial records. In Türkiye, all rights and obligations of apartment owners and site managers are strictly governed by the Turkish Condominium Law No. 634 (Kat Mülkiyeti Kanunu – KMK). Kalem Law Office, led by Attorney Enes Nergiz (Antalya Bar Association Reg. No. 6281) at Hacet Mah. Adliye Cad. Görer Apt. No:13/5, Alanya / Antalya (directly opposite the Alanya Courthouse), represents individual homeowners and collective owner groups before the Alanya Civil Courts of Peace (Alanya Sulh Hukuk Mahkemesi) and Alanya Enforcement Offices.

Challenging Unlawful General Assembly Resolutions (KMK Article 33)

Under Article 33 of Condominium Law No. 634, any condominium owner who disagrees with a resolution adopted at the General Assembly of Homeowners (Kat Malikleri Kurulu)—such as an exorbitant Aidat increase, election of an illegitimate management board, or unauthorized expenditure—has the right to file a Lawsuit for Annulment of General Assembly Resolutions (Kat Malikleri Kurulu Kararlarının İptali Davası) before the Alanya Civil Court of Peace, subject to strict statutory deadlines:

• One-Month Deadline for Attending Owners: An owner (or proxy) who attended the meeting and recorded a dissenting vote (Muhalefet Şerhi) must file the annulment lawsuit within one month of the meeting date.
• One-Month / Six-Month Deadline for Absent Owners: Foreign owners who were not properly notified or did not attend the meeting must file within one month of learning of the decision, and in any event no later than six months from the date of the resolution (except where the resolution is null and void ab initio, Mutlak Butlan).
• Objecting to an Operating Budget (İşletme Projesi – KMK Art. 37): If no budget was approved at the General Assembly and the manager prepares a provisional Operating Budget (İşletme Projesi), owners have 7 days from formal notification to file a written objection; otherwise, the budget becomes enforceable as an official instrument under İİK Art. 68.

KMK Article 20 Expense Apportionment, Financial Audits, and Enforcement Defense

Under KMK Article 20, unless otherwise specified in the registered Management Plan (Yönetim Planı), security and gardener salaries are split equally per unit, whereas capital maintenance, pool, elevator, and insurance costs must be apportioned according to each apartment’s Land Share (Arsa Payı). Furthermore, under KMK Art. 20/c, unpaid Aidat carries a statutory penalty interest of 5% per month, and managers cannot unlawfully shut off an owner’s private utilities or block entry to the apartment. Our office defends owners against abusive Aidat enforcement proceedings at the Alanya Enforcement Office and petitions the Court for judicial appointment of an independent auditor or external trustee manager (Kayyım Yönetici under KMK Art. 34). Visit our Alanya Office or Contact page.

Frequently Asked Questions (FAQ) on Aidat Disputes in Alanya

Can the building management in Alanya demand Aidat in Euros instead of Turkish Lira?

Under Turkish monetary regulations and KMK No. 634, General Assembly budgets and enforcement proceedings in Türkiye are denominated in Turkish Lira (TL). Unilateral foreign-currency surcharges without a valid General Assembly resolution or Operating Budget can be legally challenged.

Can the site manager cut off water or electricity to my apartment in Alanya over an Aidat dispute?

No. Disconnecting private utility meters or deactivating elevator/gate cards to coerce payment without a court or enforcement order constitutes an unlawful interference with possession and may trigger criminal liability under the Turkish Penal Code.