What Can Be Done When a Unit Owner Does Not Pay Maintenance Fees in Turkey? Reminders, Enforcement, Lawsuits and the Statutory Mortgage

Short answer: any of the other unit owners or the manager can take legal action or start enforcement proceedings against an owner who does not pay maintenance fees (aidat); a late payment penalty of 5% a month runs on the late amount (KMK Art. 20). If the debtor objects to enforcement without a court judgment, the creditor asks the enforcement court to remove the objection, or the court to annul it, depending on the documents they hold. A tenant is liable up to the rent they owe; a statutory mortgage can be registered on the unit for a debt established by a court (Art. 22).

Last checked: 27 September 2026. This article gives general information. Work with a lawyer on enforcement and lawsuits; missed deadlines can cost you your rights.

Legal basis: Article 20 of the Condominium Law

"Proceedings may be brought and enforcement may be started, in accordance with the management plan, this Law and the general provisions, by any of the other unit owners or by the manager against a unit owner who does not pay their share of expenses or advances. A unit owner who does not pay the whole of their share of expenses and advances is liable to pay a late payment penalty at the rate of five per cent a month for the days the payment is late." (our translation)

An owner cannot avoid their share by claiming they do not use common areas or that their unit is empty (Art. 20). The debt covers fees and advances plus the late payment penalty; see the late payment penalty guide.

Who can act? The law gives both the manager and each of the other owners the right to sue and enforce (Art. 20), and acting against owners who do not pay is also listed among the manager's duties (Art. 35/i). The law does not require a separate assembly resolution for this. Follow any specific rule in your management plan; in practice, setting a collection policy by assembly resolution reduces disputes.

1. Statement of debt and a written reminder

The law does not require a reminder before enforcement, but a written reminder is still the first step.

• Prepare a statement showing the periods, amounts, due dates and the late payment penalty.
• Give a reasonable time to pay.
• For proof later on, you can use a notarised notice or registered letter with proof of delivery.

A reminder shows that the debtor knew about the debt; it does not by itself remove any objection they may raise to the debt or the amount.

If there is no set due date: if no payment date was set by the operating budget or an assembly resolution, the creditor's reminder is needed for the debtor to be in default (Code of Obligations, Art. 117). In that case the reminder matters even more.

2. Enforcement without a court judgment (ilamsız icra takibi)

1. Request: apply to the enforcement office with the statement of debt and supporting documents.
2. Payment order: served on the debtor. The debtor must file any objection with the enforcement office within seven days (Enforcement and Bankruptcy Law, EBL Art. 62).
3. No objection: the proceedings become final and you can move on to attachment.
4. Objection: the proceedings stop. The creditor has two routes:

The enforcement denial penalty is not automatic. In an action to annul, if the debtor's objection is found unjustified, the court may, at the creditor's request, order the debtor to pay compensation of not less than twenty per cent of the amount awarded; if the creditor's proceedings are found unjustified and in bad faith, the same can apply to the creditor (EBL Art. 67).

Removal of the objection is not guaranteed either: if the debtor proves their objection with a document such as a payment receipt, the request is rejected (EBL Art. 68). After 22/05/2026 it is not clear whether a provisional operating budget not yet approved by the assembly counts as "final"; basing fees on an assembly resolution is safer (see the operating budget guide).

3. The tenant's liability

A person who uses the unit permanently under a lease or a right of residence is jointly and severally liable with the owner for costs, advances and the late payment penalty. The tenant's liability is limited to the rent they owe, and what they pay is deducted from the rent (KMK Art. 22).

4. Statutory mortgage

Under the law, if the owner's debt cannot be collected in that way either, a statutory mortgage is registered on the unit of the owner who does not pay a debt established by a court, for that amount, in favour of the other owners, on the written request of the manager, or of an owner if there is no manager (Art. 22). Waiving this right in advance is invalid (Turkish Civil Code, Art. 893, last paragraph, to which Art. 22 refers). The owners' claims against those who do not pay common costs have priority (Art. 22).

Note: the statutory mortgage requires the debt to be established by a court and a written request for registration; it does not arise automatically "for all of the year's costs". Once registered, it follows the property; the security continues even if the unit is sold.

5. Action for transfer of ownership (KMK Art. 25)

If an owner breaches their obligations so seriously that the others cannot tolerate it, the other owners can ask the court to transfer ownership of that owner's unit to them. The law treats some cases as intolerable in any event; one of them is causing enforcement or court proceedings three times within two calendar years because they did not pay their share of common costs and advances.

• Decision to sue: unless agreed otherwise, taken by a majority of the other owners by number and land share.
• Price: the value of the unit closest to the judgment date is paid to the owner; the court gives time for the amount to be deposited in a bank. Ownership passes to the claimants in proportion to their land shares.
• Deadline: the right to sue lapses if not used within six months of learning of the decision to sue, and in any case within five years of the right arising, or if the ground for it ceases.

It is a severe and exceptional remedy; always assess it with a lawyer.

Summary

Practices that help the management

1. Orderly records: fees charged, payments and balance traceable in date order for each unit, and the document behind each fee known.
2. A basis document: the assembly resolution or operating budget showing the fee and its due date, and a record that owners were notified.
3. Provable reminders: a record of when, to whom and how reminders were sent.
4. Consistency: the same late payment penalty rule applied to everyone.

In Yonevo: each person's statement is kept with charges, payments, due dates and late payment penalties. When fees, payments or late payment penalties are posted, residents can be notified by email or SMS depending on your settings; you can also send a statement to a resident by hand, and sends are logged. On the enforcement screen you open a case file and choose the debt documents to attach to it; principal and penalty appear separately. Starting proceedings at the enforcement office and bringing lawsuits are legal steps taken by you or your lawyer; the software does not replace them.

Frequently asked questions

Can the manager start enforcement without an assembly resolution? The law gives the manager the right to sue and enforce directly (Art. 20, 35/i) and does not require a separate resolution. Follow any specific rule in your management plan; in practice, a resolution setting the collection policy is useful.

When does a maintenance fee debt become time-barred? The Code of Obligations sets five years for periodic payments such as rent (Art. 147/1); the general period is ten years (Art. 146). Discuss with your lawyer which period applies to monthly fees and to a one-off repair share, and do not let old debts wait.

Who do we go to if the tenant does not pay? The debtor is the owner. You can also claim from the tenant, up to the rent they owe (Art. 22).

Does a new owner pay the previous owner's debt? The fee debt belongs to whoever owned the unit when it arose and does not pass to the buyer automatically on sale. If a statutory mortgage has been registered on the unit, it follows the property. Asking the management for a statement of the debt before a sale is common practice.

Is mediation compulsory before a lawsuit? For disputes arising from the Condominium Law, applying to a mediator before filing a lawsuit is a precondition of the lawsuit (Law No. 6325, Art. 18/B). Starting enforcement proceedings is not a lawsuit.

Sources (in Turkish)

• Condominium Law No. 634, Art. 20, 22, 25, 35, 37
• Enforcement and Bankruptcy Law No. 2004, Art. 62, 67, 68
• Law No. 6325 on Mediation in Civil Disputes, Art. 18/B
• Turkish Code of Obligations No. 6098, Art. 117, 146, 147
• Turkish Civil Code No. 4721, Art. 893