Challenging a Condominium Owners' Assembly Decision: How to File an Annulment Action

Challenging a Condominium Owners' Assembly Decision: How to File an Annulment Action

In apartment buildings and residential complexes, the basic rules of shared living are set by decisions of the condominium owners' assembly (kat malikleri kurulu). From electing a manager to setting monthly dues, and from the use of common areas to maintenance and repair work, most matters are governed by these decisions — and once adopted, a decision binds all unit owners, including those who did not attend or who voted against it. This binding effect, however, is not absolute: Turkey's Condominium Ownership Law No. 634 (Kat Mülkiyeti Kanunu, "KMK") gives unit owners the right to challenge a decision in court, within specific time limits, if it violates the law, the management plan (yönetim planı), or the principles of good faith.

How Is a Valid Assembly Decision Adopted, and Who Does It Bind?

Under KMK Art. 30 and Art. 31, a valid decision requires that both attendance at the meeting and the vote itself reach the quorum set out in the law, in terms of both the number of owners and their share of the land (arsa payı); certain significant decisions, such as amendments to the management plan, require a qualified majority. A decision adopted after proper notice of the meeting and with the required quorum binds every unit owner — including those who did not attend and those who voted against it. Simply saying "I wasn't at the meeting" or "I never agreed to that decision" does not, on its own, prevent the decision from being enforced; the only way to neutralize it is to file a timely annulment action.

What Is the Deadline for Filing an Annulment Action?

KMK Art. 33 sets strict deadlines for annulment actions. A unit owner who attended the meeting and voted against the decision may file suit within 1 month of the date of the decision. A unit owner who did not attend the meeting must file within 1 month of learning of the decision, but in any case no later than 6 months from the date of the decision — this 6-month period is an absolute (preclusive) deadline that runs regardless of when the owner actually learned of the decision. The action is filed with the civil court of peace (sulh hukuk mahkemesi) of the location where the building is situated. Missing these deadlines can extinguish the right to sue, regardless of how unlawful the decision may be — which makes it essential to correctly establish the date of notice or of actual knowledge.

Which Decisions Can Be Annulled? Grounds for Annulment

In an annulment action, the court examines whether the decision violates the law, the management plan, or the principles of good faith. Common grounds encountered in practice include: decisions adopted without meeting the quorum required by law; meetings held without proper notice to the owners; measures that create unjustified unequal treatment among unit owners; and decisions that exceed the assembly's authority or impose obligations not provided for in the management plan. The purpose and content of the decision are assessed in light of the specific facts of the case; as a general rule, simply disliking a decision is not, by itself, sufficient grounds for annulment.

Challenging Dues Decisions and Enforcement Proceedings

A decision of the owners' assembly setting monthly dues (aidat) or collecting unpaid dues can serve as the basis for direct enforcement proceedings (icra takibi) against a unit owner who fails to pay. Under KMK Art. 20, a monthly default interest of 5% may be claimed on overdue dues — a rate considerably higher than ordinary statutory interest, which can turn an unpaid balance into a significant financial burden if left outstanding. Filing an annulment action against a dues decision does not, as a rule, automatically suspend the enforcement proceedings; an owner wishing to halt enforcement must separately request an interim injunction (ihtiyati tedbir) from the court, either alongside the annulment action or independently.

What to Check Before Filing an Annulment Action

• Verify, with supporting documents, whether the meeting notice was properly given (method and timing of notification).
• Review the minutes of the meeting and the decision book to assess whether the required quorum was actually met.
• Calculate the 1-month and 6-month deadlines precisely, based on the exact date of the decision and the date you learned of it.
• If enforcing the decision would cause serious harm, consider an interim injunction request without delay.
• Gather all relevant evidence for your complaint — the meeting minutes, the attendance/signature list, and proof of the meeting notice.

Frequently Asked Questions

I didn't attend the meeting and only found out about the decision much later — can I still sue?

You may file suit within 1 month of the date you learned of the decision; however, under KMK Art. 33, this right must in any case be exercised no later than 6 months from the date of the decision. Once that 6-month period has passed, it no longer matters when you actually learned of the decision — the right to sue is extinguished.

What if I voted against the decision but my objection wasn't recorded in the minutes?

Failing to have your dissent recorded can make it harder later to prove that you "attended the meeting and voted against the decision." For this reason, clearly stating your objection during the meeting and having it entered into the minutes provides important evidence for a potential annulment action.

Can a tenant file an action to annul an owners' assembly decision?

No. Under KMK Art. 33, the right to file an annulment action belongs to unit owners; a tenant cannot bring this action in their own name. Where a decision directly affects a tenant, the tenant may ask the unit owner (landlord) to pursue the matter.

Does the decision stop being enforced while the lawsuit is pending?

As a rule, no — filing an annulment action does not automatically suspend enforcement of the decision. If enforcing the decision would cause irreparable harm, the plaintiff may separately request an interim injunction from the court to suspend its enforcement until the case is resolved.

Source: Condominium Ownership Law No. 634 (Kat Mülkiyeti Kanunu), Art. 20, Art. 30, Art. 31 and Art. 33.

This content has been prepared for general informational purposes only and does not constitute legal advice. To avoid missing the deadline to challenge an owners' assembly decision, we recommend consulting a lawyer as soon as you become aware of the decision.