

A condominium assembly in Turkey approves expensive renovations without properly notifying a foreign property owner. Learn how owners can challenge the decision, dispute renovation charges and protect their property rights.
Foreign property owners in Turkey can face unexpected financial demands after a condominium or apartment assembly approves major renovation works. Problems become particularly serious when the foreign owner was not properly informed about the meeting, did not receive the agenda, could not participate in the vote and later receives a substantial demand for renovation expenses. Depending on the circumstances, the owner may be able to challenge the assembly resolution, dispute the procedure followed in adopting it, question whether the required majority was obtained and contest charges that are not legally attributable to them. However, simply living abroad or not attending the meeting does not automatically invalidate every resolution. The meeting procedure, notification, management plan, nature of the renovation, voting requirements and applicable condominium rules must be examined together.
Condominium management is based on collective decision-making by the owners. Owners must have a genuine opportunity to know that a meeting will take place and what matters will be discussed.
Where legally required notice procedures are ignored, an owner who was deprived of the opportunity to participate may have grounds to challenge the resulting decision.
A foreign owner does not lose condominium rights merely because they live outside Turkey, do not speak the local language or use the property only periodically.
Ownership normally carries both rights and obligations under the condominium regime. The nationality of the owner does not give the management authority to exclude that person from decision-making.
The foreign owner should determine whether any meeting notice was actually issued and, if so, when and how it was delivered.
Important evidence can include correspondence, delivery records, management communications, messages and notices relating to the assembly.
Do not rely only on a message saying that “the owners approved the renovation.”
Request the assembly minutes and examine the meeting date, attendees, represented owners, agenda, votes, signatures and precise wording of the renovation resolution.
The condominium management plan can be extremely important. It may contain provisions concerning management procedures, common areas, expenses and other matters relevant to the dispute.
The resolution should therefore be analyzed together with the management plan and applicable condominium legislation.
A major renovation project should not automatically be treated as an insignificant management matter.
If owners were invited to a meeting concerning ordinary issues but a substantial renovation project was unexpectedly approved, the relationship between the notice, agenda and final resolution should be examined carefully.
This is one of the most important questions.
Repairing a dangerous roof may present a very different legal situation from installing luxury decorative features. Necessary preservation work, ordinary maintenance, useful improvements and major alterations can be subject to different legal considerations.
Where urgent work is genuinely required to prevent structural deterioration, water damage, safety risks or serious damage to common property, the management may have stronger grounds for taking action.
A foreign owner should therefore determine whether the project is genuinely necessary or merely described as urgent to justify a large expenditure.
Swimming-pool upgrades, elaborate landscaping, premium lobby reconstruction, decorative façade changes or other expensive improvements may create different questions from essential maintenance.
The nature and benefit of the project should be analyzed before accepting the requested payment.
Not every condominium decision is governed by the same voting requirement.
The nature of the project and applicable legal rule determine the required majority. The minutes should therefore be checked against both the number of owners and relevant ownership shares where applicable.
Voting and expense allocation cannot always be understood simply by counting apartments.
The condominium title records and land-share information may need to be examined to determine whether the resolution and financial allocation were calculated correctly.
If numerous owners supposedly participated through representatives, review whether the representation arrangements were valid for the meeting.
Irregular proxy participation can become relevant where the disputed votes were necessary to achieve the required majority.
If an owner disputes attending or authorizing a representative, the signatures appearing on meeting documents may become important evidence.
Allegations of forged signatures should be treated separately and seriously.
Potentially, yes. Defective notice can be an important basis for challenging an assembly resolution, particularly where the irregularity prevented an owner from participating effectively.
However, the precise legal consequence depends on the type of procedural defect and the resolution involved.
A distinction may need to be made between resolutions that are subject to cancellation because of procedural or substantive irregularities and decisions affected by more fundamental invalidity.
This distinction can influence both the legal remedy and the importance of applicable time limits.
A foreign owner should act immediately after learning about the disputed resolution.
Condominium disputes can involve short periods for challenging assembly resolutions, and the calculation of the relevant period may depend on whether the owner attended the meeting and when a non-participating owner learned of the decision.
Waiting until enforcement proceedings begin can unnecessarily weaken the owner’s position.
A foreign owner living abroad should preserve the email, message, letter or other communication through which the renovation decision first became known.
The date of actual knowledge can become important in a later dispute concerning procedural deadlines.
Potentially. The owner may challenge not only the validity of the underlying assembly resolution but also the way the cost was calculated and allocated.
These are related but distinct questions.
Determine whether management divided the expense equally between apartments, according to ownership shares or using another formula.
The correct method depends on the nature of the expense and applicable legal framework.
For a substantial renovation, the owner should request documents showing what work was commissioned and at what price.
The contract, quotations, invoices, scope of work and payment schedule can reveal whether the amount demanded corresponds with the resolution.
The absence of multiple quotations does not automatically invalidate every project, but it may become commercially important where the management approved an unusually expensive contract.
Owners should investigate how the contractor was selected.
If the contractor is connected with the building manager, management company or another owner, the relationship should be examined.
Potential conflicts of interest can become relevant when evaluating the decision-making process and financial records.
Owners may need to examine relevant accounting records to understand the renovation budget, collected payments and contractor disbursements.
A large special assessment should be traceable to an identifiable project and expenditure.
Simply refusing payment without taking legal action can be risky.
If management considers the amount valid, it may pursue collection proceedings and additional financial consequences may arise. The owner should therefore determine whether the underlying resolution and payment demand should be formally challenged.
If the condominium management initiates debt enforcement, applicable objection periods can be very short.
A foreign owner who receives official documents should obtain legal review immediately rather than waiting for negotiations with the manager.
A payment dispute does not authorize arbitrary interference with the owner’s private property.
Any enforcement measure must proceed through legally available mechanisms.
Where the legal requirements are satisfied, judicial cancellation of an owners’ assembly decision may be available.
The claim should identify the procedural or substantive defect clearly and include the meeting documents and other supporting evidence.
Where construction is about to begin or substantial payments are imminent, the possibility of interim judicial protection may need to be evaluated.
Interim relief is not automatic. Urgency, potential harm and the legal circumstances of the dispute must be assessed.
If the works are completed before the court rules, questions concerning the validity of the resolution, financial liability and accounting may still remain.
However, preventing irreversible work can be considerably easier than attempting to reverse physical alterations afterward.
Renovations affecting structural elements, façade, roof, common installations or other significant parts of the property can involve additional legal and technical requirements.
Condominium approval alone may not resolve every regulatory issue.
Depending on the project, permits or technical approvals may be relevant.
A building assembly cannot necessarily authorize work that violates mandatory construction, zoning or safety requirements.
Owners and managers should determine whether the renovation affects a common area.
A majority decision does not necessarily allow individual owners to appropriate or exclusively control common property contrary to applicable rules.
Owners who spend long periods outside Turkey should consider arranging reliable monitoring of condominium notices and official communications.
This can prevent important meetings and legal deadlines from being missed.
Provide management with current correspondence information and preserve evidence that it was supplied.
This can become important if management later claims that notification failed because it did not know how to contact the owner.
If the owner receives Turkish meeting minutes or payment demands that they cannot understand, the documents should be translated and legally reviewed promptly.
Not understanding the document does not necessarily stop legal deadlines from running.
A foreign buyer acquiring an apartment should investigate significant existing renovation projects, extraordinary assessments and condominium disputes during due diligence.
Otherwise, the buyer may discover substantial building expenses after acquisition.
Where a major renovation has already been approved, the sale contract should clearly address who bears existing or upcoming condominium liabilities.
This can prevent disputes between buyer and seller after title transfer.
The owner should preserve the meeting invitation, meeting minutes, management plan, title information, ownership-share records, renovation proposal, contractor agreement, quotations, invoices, correspondence, payment demand and evidence showing when the owner first learned of the resolution.
These documents allow the dispute to be analyzed as a complete transaction rather than as a simple disagreement about the amount charged.
When a condominium assembly approves expensive renovations without properly notifying a foreign owner, the owner should immediately obtain the meeting notice and minutes, determine when they first learned of the resolution, review the management plan, identify the nature of the renovation, check the required majority and voting records, examine the cost-allocation method, request contractor and financial documentation, preserve all correspondence, monitor any enforcement proceedings and evaluate judicial cancellation and interim protection without delay.
Potentially, yes. Foreign nationality does not prevent an owner from using the legal remedies available to condominium owners.
No. Non-attendance alone does not invalidate the resolution. The notice procedure, meeting requirements, voting and substance of the decision must be examined.
Defective notice may provide grounds for challenging the decision depending on the circumstances and nature of the irregularity.
Not every project is governed by the same voting requirement. The nature of the renovation and applicable legal provisions determine the required majority.
Voting against a resolution does not automatically eliminate financial liability if the resolution is legally valid and the expense is properly attributable to the owner. The validity of the decision and allocation method should be reviewed.
Simply withholding payment can create additional risks. The payment demand and underlying decision should be addressed through the appropriate legal procedure.
Potentially. Contractor agreements, quotations, invoices, assembly authority and expense allocation should be examined.
Interim judicial protection may potentially be requested where the legal requirements are satisfied, particularly where irreversible work is imminent.
The timing of your knowledge may be legally important. Preserve evidence showing exactly when and how you learned about the resolution and obtain legal review immediately.
Obtain the meeting notice, signed assembly minutes, management plan and renovation documents immediately. The legality of the renovation charge cannot be evaluated properly without determining whether the meeting was correctly convened, the required majority was obtained and the expense was lawfully allocated.
Disputes concerning condominium renovations can involve invalid meeting notices, irregular assembly resolutions, excessive special assessments, common-area alterations, contractor payments, enforcement proceedings and urgent requests to prevent irreversible construction. Fırat Fesih Kaya Law Office assists foreign property owners and investors facing condominium and property-management disputes in Turkey. Lawyer Fırat Fesih Kaya provides legal assistance in reviewing condominium assembly decisions, challenging unlawful resolutions, disputing renovation charges, responding to enforcement proceedings and seeking appropriate judicial protection where necessary.
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