

Do foreign owners have to pay apartment or residential complex management fees in Turkey even if they never use the property? Learn about common expenses, management plans, extraordinary costs, objections, enforcement proceedings and legal remedies.
A foreign national who owns an apartment in Turkey may spend most of the year abroad and rarely, or never, use the property. Nevertheless, the owner may suddenly receive substantial management bills covering security, cleaning, elevators, swimming pools, landscaping, personnel, maintenance, repairs or other common expenses. This frequently leads to a fundamental question: If I do not live in or use my apartment, why should I pay these expenses?
Under Turkish condominium law, simply leaving an apartment vacant does not generally eliminate an owner’s obligation to contribute to legally chargeable common expenses. However, this does not mean that every amount demanded by a building or residential complex management is automatically valid. Foreign owners can challenge charges that lack a proper legal basis, were calculated incorrectly, result from an invalid management decision, fall outside the owner’s responsibility or cannot be adequately documented.
As a general principle, ownership rather than actual occupation is central to responsibility for common expenses. Therefore, an owner normally cannot avoid all common expenses merely by arguing that the apartment remained empty throughout the year.
This is particularly important for foreign owners who use their property only during holidays or hold it as an investment.
Generally, non-use alone does not automatically remove responsibility for common expenses.
An owner may argue that they never used the swimming pool, elevator, security service, garden or other facilities, but the legal analysis concerns whether the particular expense is a legally chargeable common expense and how it must be allocated among owners.
Management demands may include building personnel, security, cleaning, common-area electricity, elevator expenses, garden maintenance, insurance, technical maintenance, repairs and other common-property costs.
Large residential developments may also have extensive common facilities that substantially increase annual expenditure.
The management cannot simply create an arbitrary invoice and require payment without legal or administrative justification.
The foreign owner should determine what the amount represents, how it was approved and how their individual share was calculated.
If the amount appears unusually high, request a detailed breakdown instead of accepting a single figure described merely as “management fee.”
The breakdown should make it possible to identify ordinary management expenses, maintenance, personnel costs, repairs, extraordinary expenditures and other separate items.
The management plan can be extremely important because it regulates the administration and use of the condominium property and may contain provisions concerning allocation of expenses.
A foreign purchaser who never received or reviewed the management plan should obtain it before challenging the calculation.
Significant expenses may originate from decisions adopted by the condominium owners.
The owner should therefore determine whether a meeting occurred, what was decided, how votes were counted and whether the disputed expenditure was actually authorized.
Potentially, yes. A condominium owners’ meeting decision may be subject to judicial challenge where the applicable legal requirements are satisfied.
However, condominium disputes can involve specific procedural and time-limit issues. An owner who receives notice of a questionable decision should therefore act promptly.
This should be investigated carefully.
Foreign owners living abroad sometimes discover major decisions only after receiving payment demands. Meeting notices, delivery records, attendance documents and minutes should be examined to determine whether the applicable procedure was followed.
The minutes can show who attended, which proposals were discussed, what decisions were adopted and the voting result.
A payment demand should be compared with the actual wording of the underlying decision.
No. Management authority is not unlimited.
The expense should have a legitimate basis, be connected with the management or common property and be allocated according to the applicable legal framework, management plan and valid decisions.
The method depends on the nature of the expense and applicable condominium rules.
Certain expenses may be shared equally in circumstances contemplated by law, while others may be allocated according to land share or another legally applicable basis. The management plan may also be relevant within the limits of mandatory rules.
Therefore, a foreign owner should not assume that every expense must simply be divided according to apartment size.
Potentially, depending on the type of expense and applicable allocation method.
The correct question is not merely whether one apartment is larger but how the particular category of expense is legally required to be distributed.
Vacancy by itself generally does not eliminate ownership-related obligations.
The building still requires security, structural maintenance, insurance, common-area services and other management even when individual apartments remain unoccupied.
Living abroad also does not normally terminate obligations arising from ownership.
Foreign owners should maintain a reliable system for receiving management notices and monitoring decisions concerning their property.
The relationship between owner, tenant and management requires separate analysis.
Certain ordinary expenses may be commercially allocated to the tenant under the lease, but this does not necessarily mean that the property owner has no responsibility toward the condominium management.
The lease and nature of the expense should therefore be reviewed together.
A foreign owner may suddenly receive a large demand for roof replacement, façade work, structural repairs, elevator renewal or another major project.
Before paying or refusing payment, examine the technical need, underlying decision, contractor agreement, invoices and allocation method.
A distinction may arise between necessary common-property expenses and improvements or additions.
If management decides to construct or substantially upgrade facilities, the legal basis, required decision-making threshold and allocation of costs should be examined carefully.
Simply disagreeing with an improvement does not necessarily eliminate liability if a legally valid decision creates the obligation.
However, whether the decision was lawfully adopted remains open to examination.
When bills appear excessive, owners should request available financial records supporting the expenditure.
Invoices, contractor agreements, payment records and management accounts may reveal whether the amount demanded corresponds to genuine expenditure.
A demand stating only that an owner owes a large amount without identifying the underlying expenses should be investigated.
The owner should seek a transparent account of principal amounts, additional charges and the periods to which they relate.
The owner should preserve written requests and responses.
Persistent refusal to provide information concerning the basis of substantial charges may become relevant in a later condominium dispute.
Late payment consequences may arise when legally payable common expenses are not paid when due.
Foreign owners should therefore avoid simply ignoring demands, even when they believe the bill is wrong.
The correct strategy is to investigate and challenge the disputed amount through the appropriate procedure.
An unpaid management debt can potentially develop into an enforcement dispute.
By the time an owner discovers the problem, the claimed amount may include accumulated ancillary amounts and enforcement expenses.
Potentially, yes.
If management alleges that common expenses remain unpaid, enforcement proceedings may be initiated against the responsible person under the applicable framework.
A foreign owner receiving an enforcement notice should not ignore it.
Turkish enforcement procedures can impose short objection periods depending on the type of proceeding.
An owner living abroad should therefore arrange immediate review of any official notice rather than waiting until the next visit to Turkey.
A management-fee dispute should not be treated as a harmless administrative disagreement. If an enforceable debt remains unpaid and enforcement progresses, legally available measures may ultimately be pursued against assets.
Early intervention is therefore important.
This requires careful examination of the period in which the expense arose, transfer date, nature of the obligation and applicable condominium rules.
A purchaser who discovers historical management debt after acquisition should not automatically accept either the management’s or seller’s explanation without reviewing the underlying records.
Foreign buyers should request information concerning outstanding condominium charges before completing a purchase.
Due diligence should also examine extraordinary expenditure already approved but not yet fully collected.
Potentially, depending on the transaction documents and nature of the undisclosed liability.
The sale agreement and representations concerning outstanding expenses should be examined if a buyer discovers substantial historical debt after closing.
Calculation errors can be challenged.
Compare the owner’s land share, apartment information, applicable allocation rule and amounts charged to comparable units where relevant.
Owners should verify that the same repair or service has not been included in multiple payment demands or charged through overlapping management categories.
Maintain annual statements rather than reviewing each invoice in isolation.
Foreign owners may evaluate expenses in euros, pounds or dollars while management obligations are calculated and collected domestically.
Payment records should clearly establish the amount actually paid and the debt to which it was allocated.
Bank receipts, transfer descriptions and management receipts should be retained.
If several apartments or several periods are involved, specify which debt each payment concerns.
Where immediate payment is commercially necessary to prevent escalation but the charge remains disputed, the legal consequences of payment and available recovery strategy should be assessed before payment.
The owner should preserve the dispute rather than accidentally creating an evidentiary problem.
Potentially, where amounts were collected without a valid legal basis or were calculated incorrectly.
The appropriate claim depends on the underlying reason the payment is alleged to have been unlawful.
Managers have duties concerning administration of common property and financial management.
Where losses arise from conduct exceeding authority or breaching applicable obligations, potential responsibility should be examined according to the facts.
Large residential developments frequently outsource administration to professional companies.
The existence of a professional management company does not make every invoice legally unquestionable. The company’s authority and the decisions on which charges are based should still be examined.
A foreign owner disputing substantial management bills should collect the title deed information, management plan, owners’ meeting notices and minutes, annual operating budget, expense statements, invoices where available, payment records, correspondence with management and any enforcement documents.
This evidence usually provides a much clearer picture than the monthly payment demand alone.
If only one extraordinary expense is disputed, automatically stopping every ordinary payment can create unnecessary additional disputes.
Separate uncontested obligations from genuinely disputed items and develop a legal strategy accordingly.
Foreign owners should treat condominium management as an ongoing ownership obligation even if the apartment is used only occasionally. The most effective preventive approach is to obtain annual budgets and meeting decisions, maintain current contact details, monitor extraordinary projects and keep organized payment records.
When an unusually high demand appears, the owner should immediately determine what was charged, who authorized it, how it was allocated and whether the applicable decision can still be challenged.
Generally, leaving the apartment unused does not by itself eliminate liability for legally chargeable common expenses arising from ownership.
Non-use alone generally does not automatically eliminate responsibility. The nature of the expense and applicable allocation rules should be examined.
The owner should request the legal and financial basis of the demand and supporting management records where applicable.
Potentially, where the legal requirements for challenge are satisfied. Time limits can be important, so prompt review is advisable.
Absence alone does not necessarily invalidate a decision. However, meeting notice, voting and procedural compliance may need to be examined.
Yes, management may potentially pursue unpaid common expenses through legally available enforcement procedures.
Review the owners’ decision, nature of the project, required voting rules and method used to allocate the expense.
Financial records supporting substantial common expenses can be highly relevant when the validity or amount of a charge is disputed.
The period of the debt, transfer date, applicable condominium rules and sale agreement should be examined before determining responsibility.
Do not ignore it and do not automatically pay it without review. Obtain the management plan, underlying decisions, detailed expense calculation and available supporting records, then determine whether the amount is legally payable, incorrectly allocated or subject to challenge.
Foreign property owners may face disputes involving high management fees, extraordinary common expenses, invalid condominium decisions, incorrect expense allocations, historical debts, enforcement proceedings and disagreements with professional site management companies. Fırat Fesih Kaya Law Office assists foreign property owners in reviewing condominium management decisions, challenging disputed charges, responding to enforcement proceedings and protecting ownership rights in property-related disputes.
Lawyer Fırat Fesih Kaya provides legal assistance to foreign owners who live abroad, rarely use their properties or discover substantial condominium debts and management charges after purchasing real estate in Turkey.
Phone: +90 312 434 22 22
Mobile / WhatsApp: +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