Foreign Owner Cannot Attend the Condominium Meeting in Turkey: Can They Vote by Proxy? (2026 Updated Guide)

Foreign apartment and property owners who cannot attend a condominium meeting in Turkey may appoint a proxy. Learn the rules on representation, voting, powers of attorney and challenging unlawful meeting decisions.

Foreign nationals who own apartments, residences or commercial units in Turkey are frequently unable to attend condominium owners’ meetings in person. The owner may live abroad, travel frequently or simply be unavailable on the meeting date. This raises an important question: Can a foreign property owner authorize another person to attend and vote on their behalf? Under Turkish condominium law, representation by proxy is generally possible. However, the authority granted to the representative, statutory representation limits, the meeting agenda and the nature of the decisions should all be reviewed carefully. An improperly constituted meeting or unauthorized vote may later become the subject of a legal challenge.

Can a Foreign Owner Vote by Proxy in Turkey?

Yes. A condominium owner does not generally have to attend every owners’ meeting personally. The owner may appoint another person to represent them and exercise voting rights within the scope permitted by law and the authority granted.

Foreign ownership does not by itself remove this right.

Does the Owner Have to Be in Turkey?

No. A foreign owner who is abroad may still be represented at the condominium meeting.

This is particularly important for foreign investors who own residential or commercial property in Turkey but spend most of the year outside the country.

Who Can Be Appointed as Proxy?

Depending on the circumstances, another condominium owner or another person may potentially be appointed to represent the foreign owner.

Before appointing the representative, however, the statutory limitations on the number of owners one person may represent should be checked.

Are There Limits on How Many Owners One Person Can Represent?

Yes. Turkish condominium legislation contains restrictions intended to prevent a single representative from accumulating excessive voting power through proxies.

As a general rule, a person may represent no more than five percent of the total number of votes. In buildings containing forty or fewer independent sections, however, one person may represent no more than two owners.

This becomes particularly important in residential complexes where managers collect numerous proxy forms before important meetings.

Does the Proxy Have the Same Voting Right as the Owner?

Within the valid scope of the authorization, the representative can exercise the owner’s voting rights.

However, the proxy should act within the authority actually granted. If the authorization is limited to a specific meeting or agenda, the representative should not assume broader powers.

Should the Proxy Be in Writing?

A written authorization is strongly advisable and may be necessary in practice to establish the representative’s authority at the meeting.

The document should clearly identify the property owner, representative, relevant independent section and scope of representation.

What Should a Proxy Authorization Include?

A properly prepared authorization should normally identify the owner and representative and clearly state that the representative may attend the relevant condominium owners’ meeting, participate in discussions and vote on behalf of the owner.

If particularly important matters are on the agenda, the authority can be drafted more specifically.

Does the Foreign Owner Need a Notarized Power of Attorney?

Not every ordinary condominium meeting necessarily requires a broad notarized power of attorney. The required form should be evaluated according to the nature of the representation and the action to be performed.

For important transactions or where the representative will exercise powers extending beyond ordinary meeting participation, a more formal authorization may be appropriate.

What If the Power of Attorney Is Issued Abroad?

A foreign owner may need to arrange authorization while outside Turkey. Depending on where and how the document is issued and how it will be used in Turkey, notarization, legalization or apostille requirements and translation formalities may need to be considered.

The document should be prepared early rather than immediately before the meeting.

Can the Owner Appoint a Lawyer?

Yes. A foreign property owner may appoint a lawyer to provide representation where appropriate.

Legal representation can be particularly useful where the meeting concerns substantial renovation expenses, disputes with management, amendments affecting common areas, litigation, reconstruction, commercial use restrictions or other high-value matters.

Can a Tenant Vote for the Foreign Owner?

A tenant does not automatically acquire the condominium owner’s voting rights merely because the tenant occupies the property.

If the tenant is to represent the owner, proper authorization should be established.

Can a Family Member Attend Instead?

Potentially, provided that the family member is properly authorized and applicable representation limitations are satisfied.

Being the owner’s spouse, child or relative should not automatically be treated as sufficient proof of authority.

How Are Voting Rights Calculated?

As a general principle under the Condominium Law, each condominium owner has one vote for each independent section owned.

However, an owner possessing more than one independent section cannot exercise unlimited voting power. Statutory restrictions apply where one owner holds multiple units.

Can a Foreign Investor Owning Several Apartments Vote for All of Them?

Potentially, but the statutory voting limits applicable to owners holding multiple independent sections must be considered.

Ownership of a large number of units does not necessarily translate into an unrestricted number of votes.

Why Should the Meeting Agenda Be Reviewed Before Giving a Proxy?

The agenda tells the owner what the representative may be voting on. Routine management matters present a different risk from decisions involving major expenditure, structural alterations, litigation or substantial changes affecting the property.

A foreign owner should request the agenda before granting broad voting authority.

Can the Owner Give Voting Instructions?

Yes. The owner can provide the representative with instructions concerning particular agenda items.

For example, the authorization may permit attendance while instructing the representative to approve or reject a specific proposed expenditure.

What If the Proxy Votes Against the Owner’s Instructions?

This can create a separate issue between the owner and representative. Whether the condominium decision itself is affected depends on the circumstances, the apparent authority of the representative and applicable legal rules.

For significant decisions, written voting instructions can reduce later evidentiary disputes.

Can a Proxy Vote on Major Renovation Expenses?

Potentially, if the representative has appropriate authority and the underlying decision satisfies the legal requirements.

However, substantial expenditure should be examined carefully because disputes frequently arise concerning whether the expense is necessary, how it should be allocated and whether the required voting threshold was satisfied.

Can the Meeting Increase Condominium Fees While the Foreign Owner Is Absent?

The owner’s absence does not automatically prevent valid decisions from being made.

Foreign owners should therefore not ignore meeting notices merely because they cannot attend. A decision adopted in their absence can still create financial consequences.

Can the Proxy Vote on the Appointment of the Building Manager?

Yes, subject to valid authorization and applicable meeting and voting rules.

Foreign owners dissatisfied with management should consider participating through a representative rather than remaining completely absent from the decision-making process.

Can the Proxy Review Financial Records?

Depending on the authorization and circumstances, the representative may seek information relevant to the meeting and management.

Where substantial expenses are disputed, invoices, management accounts, budgets and collection records should be examined carefully.

Meeting Notice Is Important

A condominium meeting should be called in accordance with the applicable legal and management-plan requirements.

If a foreign owner was not properly notified, the circumstances should be documented because notice defects may become relevant to a later challenge.

What If the Owner Never Received the Meeting Invitation?

The owner should determine when the meeting occurred, what decisions were adopted and how notice was allegedly provided.

Obtain the meeting minutes and supporting records promptly.

Obtain the Meeting Minutes

Foreign owners who cannot attend personally should request a copy of the meeting minutes after the meeting.

The minutes should be reviewed for attendance, proxies, votes, resolutions and signatures.

Check the Proxy List

If the legality of the meeting is disputed, determine who represented whom.

A representative holding more proxies than legally permitted can raise significant questions concerning the voting calculation.

Check Whether the Required Quorum Was Satisfied

Different condominium decisions can be subject to different voting requirements.

A resolution should therefore be examined according to the specific subject matter rather than assuming that a simple majority is sufficient for every decision.

Can a Proxy Be Used for Extraordinary Meetings?

Potentially, yes. Representation is not limited simply because the meeting is extraordinary.

The authorization should nevertheless correspond with the particular meeting and agenda.

Can the Proxy Be Revoked?

A property owner can generally revoke authority previously granted, subject to the applicable legal framework and timing.

If the owner changes their mind before the meeting, the revocation should be communicated clearly so that an unauthorized person does not continue to present themselves as representative.

Avoid Giving Unnecessarily Broad Powers

A foreign owner who merely needs representation at one condominium meeting does not necessarily need to grant authority covering unrelated property transactions.

The authorization should be proportionate to its purpose.

Be Careful With Blank Proxy Forms

Owners should avoid signing incomplete documents that allow another person to fill in essential terms later.

The representative, meeting and authority should be identifiable before signing.

What If the Management Refuses to Accept the Proxy?

Ask management to provide the reason for refusal.

The owner should preserve the authorization, meeting invitation, correspondence and any written refusal because these materials may become relevant if the meeting decision is challenged.

Can a Foreign Owner Challenge a Condominium Decision?

Potentially, yes. Condominium owners may challenge resolutions that violate the Condominium Law, management plan or applicable legal requirements.

The appropriate remedy and deadline depend on the circumstances, including participation in the meeting and knowledge of the decision.

Deadlines Can Be Critical

Turkish condominium law contains specific rules concerning actions seeking annulment of condominium owners’ board decisions.

A foreign owner who learns of a disputed resolution should therefore seek legal review promptly rather than waiting until the management begins enforcement.

What If the Foreign Owner Voted Against the Decision Through a Proxy?

The meeting minutes should accurately record the vote and any objection where relevant.

This can become important in subsequent litigation challenging the resolution.

What If the Decision Is Fundamentally Invalid?

Certain serious defects may raise issues beyond an ordinary annulment claim. The legal characterization depends on the nature of the resolution and defect.

For this reason, meeting minutes, management plan, proxy documents and voting calculations should be examined together.

Can Unlawful Condominium Fees Be Enforced Against a Foreign Owner?

Management may pursue unpaid common expenses and other amounts claimed under condominium decisions. If the underlying assessment or resolution is disputed, the owner should respond through the appropriate legal procedure rather than simply ignoring payment demands.

Foreign Owners Should Keep Their Contact Details Updated

Owners living abroad should ensure that management has reliable contact information.

Failure to monitor notices can result in important meetings, payment demands or legal proceedings being discovered too late.

Practical Strategy for Foreign Property Owners

A foreign owner unable to attend should obtain the agenda, determine whether important financial or property issues will be discussed, select a trustworthy representative, prepare a clear written authorization, give voting instructions where appropriate and request the signed minutes immediately afterward.

For high-value disputes, the management plan and proposed resolutions should be legally reviewed before the meeting.

Frequently Asked Questions

Can a foreign apartment owner vote by proxy in Turkey?

Yes. A foreign condominium owner may generally be represented by an authorized person subject to applicable representation and voting restrictions.

Does the owner have to travel to Turkey for the meeting?

No. Proper representation can allow the owner’s voting rights to be exercised without personal attendance.

Can another apartment owner act as proxy?

Potentially, yes, subject to statutory limits on the number of owners one person may represent.

How many owners can one person represent?

As a general rule, a representative cannot exercise more than five percent of the total votes by proxy. In buildings with forty or fewer independent sections, one person may represent no more than two owners.

Can a tenant represent the owner?

Potentially, if properly authorized. Tenancy alone does not automatically transfer the owner’s condominium voting rights.

Can a lawyer attend instead of the foreign owner?

Yes, where properly authorized.

Should the foreign owner sign a blank proxy?

No. The representative and scope of authority should be clearly identified.

Can the representative vote on maintenance fees and major expenses?

Potentially, within the scope of valid authorization and subject to the voting requirements applicable to the specific resolution.

Can the foreign owner challenge a decision made while they were abroad?

Potentially. The validity of notice, meeting procedure, voting thresholds, proxies and substance of the resolution should be reviewed promptly.

What should a foreign owner do before the meeting?

Obtain the agenda, review any major financial or property proposals, appoint a properly authorized representative, provide clear voting instructions and keep copies of the proxy and subsequent meeting minutes.

Client-Focused Legal Support for Foreign Condominium Owners in Turkey

Disputes involving condominium meetings can concern proxy voting, meeting notices, management fees, major renovation expenses, unauthorized representatives, voting thresholds, management decisions and annulment of condominium resolutions. Fırat Fesih Kaya Law Office assists foreign property owners and investors with condominium and property-management disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in preparing and reviewing proxy arrangements, examining meeting resolutions, challenging unlawful condominium decisions, resolving common-expense disputes and representing foreign owners who cannot personally attend proceedings in Turkey.

Phone:
+90 312 434 22 22

Mobile:
+90 532 769 22 22

Email:
info@firatfesihkaya.av.tr

Address:
Mevlana Boulevard No:221, Yıldırım Tower, Office No:148
06520 Balgat, Çankaya, Ankara, Turkey