B&KBakırcı & KeskinLAW FIRM · MERSIN
EN
TürkçeEnglishDeutschРусскийالعربية中文
Menu

Condominium Management Plan in Turkey: 2026 Rules for Foreign Owners

Short answer: The condominium management plan is legally binding on every unit owner in Turkey, including foreign buyers who never personally signed it. Condominium Law No. 634 Article 28 states that the management plan regulates the method and purpose of management, use of the property, remuneration of the manager and auditor, and other management matters; it has the effect of a contract binding all owners, successors, manager and auditors. For an ordinary condominium, changing the plan requires the votes of four fifths of all owners. For a collective structure (toplu yapı), Article 70 has a different rule, and Law No. 7579 changed it on 22 May 2026: the previous four-fifths thresholds were reduced to two thirds, and plan provisions contrary to Article 70 are no longer applied.

Turkish condominium management plan for foreign apartment owners
Photo by Cytonn Photography on Unsplash

What is a condominium management plan under Turkish law?

Condominium Law No. 634 Article 28 defines the legal function of the management plan (yönetim planı). It regulates the method of management, the purpose and manner of use, the remuneration of the manager and auditors, and other matters relating to management. The statute gives the document the legal effect of a contract binding the owners.

A management plan is therefore not the same thing as an informal site rulebook prepared by a management company. It is part of the legal structure of the condominium. It works together with the Condominium Law, title records and valid owners’ assembly decisions.

In practice, a management plan can address matters such as the timing of annual meetings, management bodies, expense allocation where a lawful deviation from statutory defaults is permitted, use of common areas, responsibilities of the manager, auditor procedures, restrictions consistent with law and the operation of shared facilities.

For foreign owners, the management plan is one of the most important documents to obtain before purchase because it determines how the building or residential complex is governed after title passes. A glossy sales brochure has no equivalent legal status.

Why is a foreign buyer bound by a plan they never signed?

Article 28 answers this directly. The management plan and later amendments bind all owners, their universal and specific successors, the manager and auditors. A person who buys an independent unit becomes a specific successor to the former owner and enters the condominium legal framework.

That means a foreign buyer cannot avoid a lawful management-plan rule merely by saying, “I did not participate when this plan was adopted,” or “the seller did not show it to me.” A separate claim may arise against the seller or intermediary if legally required disclosures were misrepresented, but as between the condominium and the new owner, the registered management plan remains legally relevant.

The same principle applies after inheritance. Heirs who acquire a Turkish apartment enter the management regime attached to the property. The plan’s binding effect does not disappear because the heirs live abroad.

Can the management plan override Condominium Law No. 634?

No. Article 27 places condominium management under the owners’ assembly subject to mandatory statutory provisions. Article 28 gives the management plan contractual force, but a contract-like document cannot lawfully eliminate mandatory rules of the Condominium Law.

This hierarchy is crucial. When a dispute arises, the analysis should proceed in the following order: first identify the mandatory statutory rule; then read the management plan; then examine the valid owners’ assembly decision; finally determine whether general private-law rules fill any remaining gap.

Article 28 itself says that where the management plan contains no provision, disputes arising from management are resolved according to the Condominium Law and general provisions. The absence of a clause therefore does not create a legal vacuum.

A plan also cannot turn a statutory special-majority requirement into a simple-majority matter merely by using different wording. Where the statute sets a mandatory threshold, the statutory rule controls.

How can an ordinary condominium management plan be changed? Article 28

For an ordinary condominium subject to Article 28, the management plan can be amended only with the votes of four fifths of all condominium owners. This is not four fifths of the owners attending a meeting. The denominator is all owners.

The distinction matters. Suppose a building has 20 owners and only 12 attend the assembly. A vote of all 12 attendees is not enough to amend the plan because four fifths of 20 equals 16. The meeting may take ordinary management decisions with the applicable Article 30 rules, but amending the management plan requires the separate Article 28 threshold.

Article 28 also preserves the owners’ right to apply to court under Article 33. A plan amendment that allegedly violates mandatory law, was adopted without the required majority or suffers another legally material defect can therefore become the subject of judicial review.

After adoption, the amendment should be reflected in the condominium registration framework. Article 28 provides that the date of the management plan and later changes is shown in the declarations section of the condominium register and that the changes are attached to the establishment documents.

Collective structures: why Article 70 is different

Large developments containing multiple blocks, parcels and common facilities may fall within the “collective structure” (toplu yapı) provisions of Law No. 634. In that regime, Article 70 requires a single management plan covering the entire collective structure. The plan binds all condominium owners within the collective structure.

Article 70 uses a governance structure that differs from the ordinary Article 28 model. Before the 2026 amendment, the article used four-fifths thresholds for specified changes. Law No. 7579 reduced those thresholds.

The current Article 70 rule requires two thirds of the total number of independent units represented by the members of the collective structure representatives’ board to amend the collective management plan. Provisions concerning temporary management can be changed by two thirds of the independent-unit owners in the collective structure.

This is a special rule. Foreign owners should not automatically apply Article 28’s four-fifths formula to a collective development without first establishing whether Article 70 governs the plan and which body is legally competent to vote.

What exactly changed on 22 May 2026?

Law No. 7579 was adopted on 7 May 2026 and published in the Official Gazette on 22 May 2026, issue no. 33261. Article 5 of Law No. 7579 amended Article 70 of the Condominium Law.

The amendment replaced both references to “four fifths” in the first and second paragraphs of Article 70 with “two thirds.” It also added a new final paragraph: management-plan provisions contrary to Article 70 are not applied.

This change is significant for older residential complexes whose management plans still reproduce the former four-fifths rule. After the statutory amendment, a conflicting plan clause cannot preserve the old threshold simply because the document has not yet been rewritten. Article 70’s new final paragraph directly addresses that conflict.

The amendment did not rewrite Article 28’s ordinary four-fifths rule for non-collective condominiums. Therefore, a correct 2026 analysis must distinguish an ordinary condominium management plan under Article 28 from a collective-structure management plan under Article 70.

Ordinary condominium
Article 28: four fifths of all owners to amend the management plan.
Collective structure
Article 70 after 22 May 2026: two-thirds threshold under the article’s representative-board formula.
Temporary-management provisions
Article 70 after 22 May 2026: two thirds of the independent-unit owners in the collective structure.

Where is the management plan recorded?

Article 28 states that the date of the management plan and later amendments is shown in the declarations section of the condominium ownership register, and the plan changes are attached to the establishment documents. A buyer should therefore treat the title-registry file as the authoritative starting point rather than accept an unsigned PDF forwarded by a sales agent as necessarily current.

The management plan is distinct from the title deed itself. The title deed proves the independent unit and ownership. The management plan governs the condominium’s management framework. Both must be reviewed in due diligence.

Where a residential complex has several blocks, parcels or shared facilities, the buyer should also establish whether there is a collective-structure plan, block-level plan or representative-board system. The legal structure determines which decision-making body has authority.

What should a foreign buyer check before purchasing?

A management-plan review should occur before the sale is completed, especially in high-service developments with pools, security, private roads, reception, sports facilities or extensive landscaping.

The review should answer at least these questions:

  • Is the property an ordinary condominium or part of a collective structure?
  • What is the current registered management plan and amendment date?
  • How are annual and extraordinary meetings organized?
  • Which body appoints the manager and auditor?
  • How are common expenses allocated, and does the plan lawfully deviate from Article 20 defaults?
  • Are there restrictions on use of independent units or common facilities?
  • Are there rules concerning short-term occupation, commercial use or renovations?
  • What voting thresholds does the plan state, and are any clauses inconsistent with current mandatory law?
  • Does the development use temporary management, and if so, on what legal basis?
  • Are there current disputes or resolutions seeking to amend the plan?

The buyer should also review the current operating budget and outstanding common-expense balance. Our guide on aidat in Turkey for foreign property owners explains the separate Article 20 and 2026 Article 37 rules.

How can an owner challenge an unlawful management-plan clause or amendment?

The remedy depends on the defect. Article 28 expressly preserves the right of owners to apply to court under Article 33. If an amendment was adopted without the required majority, violates mandatory law or was processed through an unauthorized body, the legal route and time limits must be reviewed immediately.

Where the dispute concerns an owners’ assembly resolution adopting the amendment, Article 33’s annulment periods are central: an attending dissenting owner has one month from the decision date; an absent owner has one month from learning of the decision and ordinarily no more than six months from the decision date. Decisions that are legally non-existent or absolutely null and void are treated differently by the final clause of Article 33.

Our separate guide on challenging condominium meeting decisions in Turkey covers the litigation route and deadlines.

Disputes arising under Condominium Law No. 634 are within the mandatory mediation regime under Law No. 6325 Article 18/B before filing a lawsuit in the statutory scope. A foreign owner should therefore obtain the plan and decision records early enough to complete the pre-action procedure without losing substantive rights.

Can a foreign owner review or challenge the management plan from abroad?

Yes. The owner can authorize Turkish counsel to obtain relevant records, review the title-registry documents, communicate with management, participate in mediation and bring litigation where necessary. Physical presence in Turkey is not required for most legal review and procedural steps when a valid power of attorney is in place.

A Turkish-consulate power of attorney is often the most direct route. A foreign notarial document may require apostille or legalization and certified Turkish translation depending on the issuing country. See our guides on power of attorney from abroad and apostille and certified translation.

Management-plan checklist for a non-resident owner

  1. Obtain the registered version. Do not rely only on an estate agent or management-company copy.
  2. Identify the legal regime. Determine whether Article 28 or collective-structure Article 70 governs the relevant plan.
  3. Check the amendment date. Older collective plans may contain a four-fifths clause that conflicts with the post-May 2026 Article 70 rule.
  4. Compare every disputed clause with mandatory law. A management plan cannot override a mandatory statutory provision.
  5. Check expense allocation. Compare the plan with Article 20 and the current operating budget.
  6. Check meeting and proxy rules. Apply Articles 29–31 together with any lawful procedural clauses.
  7. Verify how the plan was amended. Obtain the assembly or representatives’ board decision and voting record.
  8. Preserve Article 33 deadlines. Challenge defective amendments promptly.
  9. Use the 2026 Article 70 thresholds only where the collective-structure regime applies. Do not replace Article 28 mechanically.
  10. Review before purchase. The plan binds the buyer after acquisition even if it was not personally negotiated.

Frequently Asked Questions

Does a condominium management plan bind a foreign buyer?

Yes. Article 28 states that the plan binds all owners and their universal and specific successors. A buyer enters the existing management regime upon acquiring the unit.

Do I have to sign the plan personally for it to bind me?

No. The binding effect comes from Article 28 and the condominium legal structure, not from the new buyer signing a fresh contract with management.

Can an ordinary condominium management plan be changed by simple majority?

No. Article 28 requires the votes of four fifths of all condominium owners.

Did the 2026 law reduce every management-plan amendment threshold to two thirds?

No. Law No. 7579 changed Article 70 for collective structures. Article 28’s ordinary four-fifths rule remains in force.

What is the new Article 70 threshold?

For a collective-structure plan, Article 70 now uses a two-thirds threshold based on the total number of independent units represented by the members of the collective structure representatives’ board. Temporary-management provisions can be changed by two thirds of the independent-unit owners in the collective structure.

What happens if an old collective management plan still says four fifths?

The 2026 amendment added that management-plan provisions contrary to Article 70 are not applied. A conflicting old clause therefore cannot displace the current statutory rule.

Can the plan change how common expenses are allocated?

Article 20 begins with an “unless otherwise agreed” structure for certain allocations, so the specific plan clause and mandatory limits must be reviewed. The effect cannot be assumed from a general statement in the plan.

Where can I obtain the authoritative plan?

The plan forms part of the condominium establishment documentation and its date and later changes are reflected in the condominium register framework under Article 28. Title-registry review is the correct starting point.

Can I challenge an unlawful amendment?

Yes. Article 28 preserves the right to seek judicial review under Article 33. Meeting-resolution deadlines and mandatory mediation should be assessed immediately.

Can my lawyer handle the review while I am abroad?

Yes. With appropriate authority, Turkish counsel can obtain records, review the plan, participate in mediation and bring proceedings without the owner traveling for each step.

Should I review the plan before buying?

Yes. It can materially affect permitted use, management, expenses, meeting procedures and future amendments, and it will bind the buyer after acquisition.

Conclusion

The management plan is one of the core legal documents of condominium ownership in Turkey. Article 28 gives it contract-like binding force over owners and successors and requires four fifths of all owners to amend an ordinary condominium plan. For collective structures, Article 70 supplies the special regime. Since 22 May 2026, Law No. 7579 has reduced Article 70’s amendment thresholds from four fifths to two thirds and made conflicting management-plan provisions inapplicable.

Foreign buyers and owners should therefore identify which statutory regime applies before calculating a vote. The correct sequence is: obtain the registered plan, classify the property as ordinary or collective, compare the plan with current mandatory law, verify the amendment majority and act within Article 33 deadlines if the adopted rule is unlawful.

Prepared by Avukat Halil BAKIRCI
Bakırcı & Keskin Law Office — Mersin, Türkiye
Legal services for clients in Türkiye and abroad.

Contact regarding a legal matter

In your first message, you may briefly state the subject, your country or city, and any relevant notification or recent procedural date. Please do not send identity numbers, medical data, or personal documents. Messaging alone does not constitute legal advice or create a lawyer–client relationship.

CallContact information
Telefon WhatsApp