Learn how building maintenance fee disputes are resolved in Turkey in 2026. Discover the rights and obligations of apartment owners, tenants, foreign investors, expatriates, and condominium managers regarding dues, common expenses, fee increases, enforcement proceedings, and legal remedies.

Building maintenance fee disputes are among the most common legal conflicts affecting apartment buildings, residential complexes, gated communities, mixed-use developments, and luxury housing projects throughout Turkey. Disagreements regarding maintenance dues, extraordinary expenses, repair costs, management fees, reserve funds, and common area expenditures frequently result in litigation between property owners, tenants, condominium managers, and site management companies.

For foreign property owners, expatriates, international investors, embassy personnel, multinational employees, and individuals owning property in Turkey while residing abroad, understanding maintenance fee obligations is essential. Failure to comply with condominium regulations may lead to financial penalties, enforcement proceedings, and legal disputes that can significantly affect property ownership rights.

This 2026 legal guide explains the Turkish legal framework governing building maintenance fees, the rights and obligations of property owners, common disputes, available legal remedies, and practical strategies for avoiding costly conflicts.

What Are Building Maintenance Fees?

Building maintenance fees are periodic payments collected from property owners to finance the operation, preservation, maintenance, repair, and management of common areas within a condominium or residential complex.

Maintenance fees typically cover:

• Cleaning services
• Security services
• Elevator maintenance
• Landscaping expenses
• Pool maintenance
• Lighting costs
• Water systems
• Heating systems
• Insurance premiums
• Administrative expenses
• Technical inspections
• Common area repairs

These contributions ensure the proper functioning and long-term preservation of the property.

Legal Framework Governing Maintenance Fees

Building maintenance fees are primarily regulated by:

• Condominium Law No. 634
• Turkish Civil Code
• Turkish Code of Obligations
• Condominium Management Plans
• General Assembly Resolutions
• Relevant Court Decisions

Under Turkish law, property owners are generally obligated to contribute to common expenses according to statutory requirements and condominium regulations.

Who Must Pay Building Maintenance Fees?

As a general rule, the legal obligation belongs to the property owner.

However, lease agreements may allocate certain expenses to tenants.

Parties should carefully review:

• Lease agreements
• Management plans
• Condominium regulations
• Service contracts

Disputes frequently arise when landlords and tenants disagree regarding responsibility for particular expenses.

Maintenance Fee Obligations of Foreign Property Owners

Foreign nationals owning real estate in Turkey are subject to the same maintenance fee obligations as Turkish citizens.

Foreign owners must contribute to:

• Ordinary maintenance expenses
• Common area repairs
• Approved renovation projects
• Shared utility costs
• Site management expenses

Non-residency does not exempt an owner from maintenance fee obligations.

Even owners who rarely use the property remain legally responsible for approved common expenses.

Common Maintenance Fee Disputes

Maintenance fee disputes typically involve:

• Excessive fee increases
• Unexplained expenditures
• Improper budget calculations
• Unequal cost allocation
• Unauthorized expenses
• Lack of financial transparency
• Extraordinary contribution demands
• Contractor-related costs
• Luxury facility expenses
• Collection procedures

Many disputes arise due to insufficient communication between management and property owners.

Disputes Concerning Fee Increases

One of the most frequent complaints involves substantial increases in monthly maintenance fees.

Owners often challenge increases based on:

• Lack of supporting documentation
• Inflated service contracts
• Improper budgeting
• Unnecessary expenditures
• Unlawful management decisions

Fee increases must generally be supported by legitimate operational needs and approved according to applicable legal procedures.

Extraordinary Maintenance Contributions

In addition to regular dues, owners may be required to contribute to extraordinary expenses.

Examples include:

• Structural repairs
• Earthquake reinforcement projects
• Roof replacement
• Elevator modernization
• Infrastructure upgrades
• Security system improvements
• Energy efficiency projects

Disputes often arise when owners question the necessity or cost of such projects.

Financial Transparency and Owner Rights

Property owners possess important rights regarding financial oversight.

Owners may generally request access to:

• Annual budgets
• Expense reports
• Financial statements
• Audit reports
• Contractor agreements
• Payment records

Transparency plays a critical role in preventing maintenance fee disputes.

A lack of accountability often leads to litigation and mistrust within residential communities.

Maintenance Fee Collection Procedures

When maintenance fees remain unpaid, condominium management may initiate collection procedures.

Common collection methods include:

• Formal payment notices
• Enforcement proceedings
• Interest claims
• Legal action
• Asset enforcement measures

Failure to pay maintenance fees can result in substantial financial consequences for property owners.

Enforcement Proceedings Against Property Owners

Unpaid maintenance fees frequently lead to enforcement proceedings under Turkish law.

Management bodies may seek recovery through:

• Debt enforcement procedures
• Court actions
• Attachment measures
• Collection of accrued interest
• Recovery of legal expenses

Foreign property owners are not exempt from these procedures.

Property located in Turkey may become subject to enforcement actions when debts remain unpaid.

Maintenance Fee Liability of Tenants

Although the owner is generally responsible toward the condominium administration, lease agreements may require tenants to bear certain operational expenses.

Common tenant obligations include:

• Routine maintenance costs
• Utility-related charges
• Service fees
• Day-to-day operational expenses

Disputes often arise when lease provisions are unclear or inconsistently applied.

Luxury Residential Projects and High Maintenance Fees

Luxury developments frequently generate disputes because of elevated operational costs.

Common areas may include:

• Swimming pools
• Fitness centers
• Spa facilities
• Concierge services
• Private security
• Smart building technologies
• Marina facilities
• Golf courses

Owners occasionally challenge expenses associated with facilities they rarely use.

However, legal obligations generally depend on ownership rather than actual usage.

Maintenance Fee Disputes Involving Foreign Investors

Foreign investors frequently encounter challenges such as:

• Language barriers
• Limited access to financial records
• Lack of meeting participation
• Unfamiliarity with Turkish regulations
• Cross-border communication difficulties

Professional legal assistance can help investors evaluate whether maintenance charges comply with Turkish law and condominium regulations.

Liability of Condominium Managers and Management Companies

Managers and management companies must act diligently when administering maintenance funds.

Potential liability may arise from:

• Financial misconduct
• Fraudulent accounting
• Misappropriation of funds
• Negligent administration
• Failure to maintain records
• Unauthorized expenditures

Property owners may seek compensation and other legal remedies when management misconduct causes financial losses.

Challenging Unlawful Maintenance Fees

Property owners may challenge maintenance charges under various circumstances.

Possible grounds include:

• Procedural violations
• Invalid assembly decisions
• Improper budget calculations
• Unequal allocation methods
• Abuse of authority
• Lack of legal basis

Courts examine financial records, management decisions, budgets, and expert reports when resolving disputes.

Mediation in Maintenance Fee Disputes

Mediation continues to gain popularity as a dispute resolution tool in Turkey.

Benefits include:

• Faster outcomes
• Reduced costs
• Confidential proceedings
• Flexible settlements
• Preservation of community relationships

Mediation is particularly useful when disputes involve ongoing relationships among owners and residents.

How Property Owners Can Reduce Maintenance Fee Risks

Property owners should:

• Review annual budgets carefully
• Attend condominium meetings
• Monitor management decisions
• Request financial reports
• Preserve payment records
• Verify contractor expenditures
• Participate in audits

Active participation significantly reduces the likelihood of future disputes.

2026 Legal Developments Affecting Maintenance Fee Disputes

Several developments continue to influence condominium fee disputes in 2026:

• Enhanced financial transparency expectations
• Digital accounting systems
• Electronic owner communications
• Expanded audit practices
• Increased scrutiny of management expenditures
• Greater accountability for management companies
• Improved access to financial information

These developments aim to strengthen owner confidence and improve condominium governance.

Frequently Asked Questions (FAQ)

Are foreign property owners required to pay maintenance fees in Turkey?

Yes. Foreign property owners have the same maintenance fee obligations as Turkish citizens.

Can owners challenge excessive maintenance fee increases?

Yes. Property owners may challenge unlawful or improperly approved fee increases through available legal procedures.

What happens if maintenance fees remain unpaid?

Management may initiate enforcement proceedings, seek interest payments, and pursue legal action to recover outstanding amounts.

Can a property owner refuse to pay for facilities they do not use?

Generally, no. Common expense obligations are usually based on ownership rather than actual use.

Are tenants responsible for maintenance fees?

Responsibility depends on the lease agreement and the nature of the expenses involved.

Can owners inspect condominium financial records?

Yes. Property owners generally possess the right to review financial documents related to condominium operations.

Can management companies be held liable for financial misconduct?

Yes. Management companies may face compensation claims and other legal consequences for unlawful conduct.

Is mediation available for maintenance fee disputes?

Yes. Mediation is often an effective method for resolving maintenance-related conflicts.

Can extraordinary repair costs be imposed on owners?

Yes. Owners may be required to contribute to properly approved extraordinary expenses and major repair projects.

How long do maintenance fee disputes take to resolve?

The duration depends on the complexity of the dispute, available evidence, expert examinations, and court workload.

Legal Support for Building Maintenance Fee Disputes

Maintenance fee disputes can have significant financial consequences for property owners, investors, landlords, and residential communities. Early legal advice helps protect ownership rights, prevent enforcement actions, and ensure compliance with Turkish condominium regulations.

Fırat Fesih Kaya Law Firm provides legal representation for foreign investors, expatriates, condominium owners, landlords, tenants, embassy personnel, international organizations, and residential communities throughout Turkey. Our team assists clients with maintenance fee disputes, condominium litigation, enforcement proceedings, financial audits, mediation processes, and real estate law matters.

Phone: +90 312 434 22 22

Mobile Phone: +90 532 769 22 22

Email: info@firatfesihkaya.av.tr

Office Address: Mevlana Boulevard No:221, Yildirim Tower No:148, 06520 Balgat, Cankaya, Ankara, Turkey

Choosing an experienced real estate law firm can make a substantial difference when challenging unlawful maintenance fees, defending against enforcement actions, or protecting your property investment in Turkey. Our firm is dedicated to providing practical, strategic, and client-focused legal solutions tailored to the needs of domestic and international clients.