CONDOMINIUM PROPERTY DISPUTES
The Condominium Law No. 634 (KMK) consists of sections such as General Provisions, Establishment of Condominium Ownership and Condominium Usufruct, Rights of Condominium Owners and Condominium Usufruct Holders, Obligations of Condominium Owners and Condominium Usufruct Holders, Management of the Main Property, Termination of Condominium Ownership and Condominium Usufruct, Final Provisions, Timeshare Rights, and Special Provisions Regarding Collective Buildings.
Cases related to the Condominium Law No. 634 are referred to in practice as cases arising from condominium ownership.
Cases Regarding the Collection of Common Expense Receivables for Sites Established on Multiple Blocks and Parcels
Pursuant to Article 22 of Law No. 5711 and Articles 66 et seq. of the Condominium Law, which regulate Special Provisions Regarding Collective Structures, if collective structure management has not yet been implemented in the site, the general provisions shall apply in the dispute, not the provisions of the Condominium Law.
All independent units shall be held liable for the expenses of the main property in proportion to their share of the land, in accordance with Article 20 of the Condominium Law.
For example, if the defendant owns more than one independent unit in different blocks in the site subject to the lawsuit, they shall be held liable in proportion to their share of the land for the common expense debt paid by the plaintiff.
Other owners have the right to file a lawsuit against an owner who fails to pay their share of the common expenses.
Therefore, the court must investigate the following matters during the proceedings:
1) The decisions of the owners’ committee determining the fees in question must be obtained.
2) Information and documents relating to payments must be obtained.
3) All evidence submitted by the parties must be collected.
4) After all evidence has been collected, an expert examination must be conducted.
5) At the end of the proceedings, the defendants’ liability and the amount they have failed to pay must be determined.