Residential complex maintenance in Turkey is also called the Turkish condominium law. Condominium laws are not specific to Turkey and exist worldwide as guidelines for managing residential properties within complexes or gated communities.
To be clear, it only applies to communal square metres and not individual properties. Legally defined under Condominium Law No. 634, introduced in 1965, this Turkish property law governs how apartment owners can coexist. The law can change at any time to address the changing dynamics of urban living.
It only applies to complexes with six or more apartments and doesn't apply to commercial properties. So, whether you have already purchased a Turkish apartment or are considering buying one, let's look at communal property management and monthly maintenance fees that foreign buyers should know about.
Declaration: Once properties within the complex are sold, the developer phases out involvement and hands over management to apartment owners. The complex will register with the local land registry, which lists the individual apartments and shared areas. At the same time, a comprehensive plan outlines rules for using common areas and owners' responsibilities. This is known as a building management plan.
Obligations of Property Owners: Owners freely use their apartments and have rights to shared areas, provided they respect established rules. Owners must pay regular maintenance fees in Turkish lira (aided) to cover upkeep and management costs. A committee must also be formed.
Management: The committee outsources management to a professional company or handles day-to-day affairs themselves. The committee has an annual budget in Turkish lira to cover costs. In most cases, the manager receives a small salary. The budget is collected monthly, quarterly, or annually, depending on the committee's agreement. Turkish law states the management and maintenance agreement should detail costs and fees. An employed accountant should also officially lodge income and expenses.
GAM: This annual general meeting occurs twice yearly; however, extraordinary ordinary meetings can happen anytime. Owners discuss approval of the yearly budget in Turkish lira, how to spend money, and decisions about maintenance and repairs. Owners should receive an official invitation detailing the time, date, and place. Foreign owners who don't speak Turkish should have an official and licensed translator, with costs covered by the annual budget. Each apartment has one vote, even if two or more people live there. Anyone who cannot attend should nominate a POA to participate. Each apartment owner can hold two POAs, as well as their vote.
Legal Disputes: If there are any disputes about owners not paying their share of the maintenance, shared areas, or building regulations violations, courts can handle condominium cases.
One mistake that many new apartment owners make is that they assume the committee oversees apartments and that they must be keyholders. The committee only handles shared facilities. These include swimming pools, garden maintenance, hallways, complex water taps, communal garbage disposal, fitness centres, communal electricity bills, pool pumps, communal heating, communal water bills, annual material costs like pool chemicals, lighting in the hallways and rooms like gyms, and communal heating.
The official management committee does not have to manage your short—and long-term rental agreements and tenants unless the apartment has been purchased on a buy-to-let agreement or is a branded residence. If so, the contract will stipulate this.
For example, developers on large complexes sell buy-to-let properties with guaranteed rental income. This is a separate rental contract from the condominium law. Additionally, in places like Bodrum, some apartments sit in branded hotel residences, where the owner only uses the apartment for a certain number of weeks every year.
Additionally, management committees do not handle your apartment needs like earthquake insurance policies, air conditioner units and maintenance, water costs related to your own private use, payment of monthly electricity bills, private pools, apartment cleaning, property tax rate payments, central heating, gas cylinders, or any other expenses of property ownership. Neither are they responsible for natural disasters or anything related to your title deed documents.
The complex can hire a management company to carry out tasks instead of a resident manager who can devote functions to third parties. However, the company you appoint is not responsible for collecting monthly payments from owners. Instead, the management invoices the complex. This sometimes leads to some owners' not paying their way' if there is no established committee between the residents to organise and collect the maintenance payments.
Unless we are talking about a massive complex with hundreds of units, we think the best way to manage and maintain it is with a private management committee and the selected manager. Remember, companies can take the complex to court if they don’t receive payments according to their contract.
Yes, but most complexes don't simply because you are becoming an employer and must adhere to working regulations. You will also have to pay the health insurance of your workers/workers. For this reason, most complexes outsource tasks like gardening and cleaning to other companies. The one exception is the large lifestyle complexes in Istanbul, where there are hundreds of apartments so that on-site workers would benefit.
Ther word “aidet” is Turkish for the complex maintenance fees. The required annual maintenance fee must be in Turkish lira, and every apartment owner pays the same amount. The only exception is management committee members, who receive reduced or no rates, with the majority approval of owners. If there are unforeseen circumstances, like a broken pool pump, apartments may be requested to pay additional costs. Complexes can take non-payers to court if necessary. This is a last resort; in most cases, management committees budget an extra 10-20% as a rainy-day pot.
It is unwise for foreign property buyers to compare fees because they differ depending on the number of apartments in the complex and the services provided. For example, a complex with a shared swimming pool will have higher average costs than a complex without one.
Additionally, if only eight apartments exist, less money goes into the kitty than in a complex with 80-plus apartments. Instead of looking at the amount charged, consider the services used, the annual running costs, and if the money is spent wisely.
We are Property Turkey, and as real estate agents, we sell various types of property, including holiday homes, in major Turkish cities and towns of Turkey. With offices in key areas like Istanbul, Antalya, Fethiye, and Bodrum, we have helped thousands of foreign property buyers become homeowners.
If you are interested in buying property or in real estate investments, see our portfolio, which lists property types, including apartments. Alternatively, if you want to know about residential complex maintenance in Turkey, call and chat with an agent today before buying.
Otherwise, aside from the complex maintenance in Turkey, there are other aspects to take care of including the language, banking, residency, healthcare and more. This article discusses everything wannabe expats should know about living in Turkey.