Voting by Proxy at a Condominium Meeting in Turkey: Foreign Owner Guide 2026

Can a foreign apartment owner vote by proxy in Turkey?

Yes. Condominium Law No. 634 Article 31 states that a condominium owner may exercise the vote through an authorized proxy. The right is not limited by Turkish citizenship or residence. A German, British, Dutch, Russian, Gulf-state or other foreign national who owns an independent unit in Turkey has the same statutory voting framework as any other owner.

This point matters because many foreign owners spend most of the year outside Turkey. Important decisions may concern the operating budget, aidat, appointment of the manager, repairs, insurance, use of common areas, security contracts, renovation or litigation. Being abroad does not remove the owner from the condominium regime, and it does not require the owner to abandon voting rights. Representation is the statutory solution.

The proxy must be genuinely authorized. Article 31 does not create a right for the manager, estate agent, tenant or another owner to assume authority merely because they have contact with the owner. The representative should hold a clear written authorization that identifies the owner, the representative and the meeting or scope of voting authority.

How many votes does each owner have under Article 31?

Article 31 begins with a simple rule: each condominium owner has one vote regardless of the land-share ratio. This is different from many financial allocations under Article 20, where land share can determine the amount of common expenses. Voting power is not increased simply because one apartment has a larger land share.

If a person owns more than one independent unit in the same main property, that owner receives one vote for each independent unit. However, Article 31 imposes an absolute concentration limit: no matter how many units that owner possesses, the owner’s votes cannot exceed one third of all votes. Fractions are disregarded in calculating the cap.

For example, assume a building has 30 independent units and one investor owns 15 units. The investor does not receive unrestricted control of 15 votes. The one-third cap means the owner cannot cast more than the number permitted by Article 31. The rule prevents a multi-unit owner from converting ownership concentration into unlimited assembly control.

The one-third ownership-vote cap and the proxy cap are separate rules. A person can be both an owner and a proxy, so the voting list should distinguish votes arising from that person’s own units from votes exercised on behalf of others and apply the statutory limits correctly.

The proxy cap: 5% in larger condominiums, two proxies in smaller ones

The current final paragraph of Article 31 was introduced by Law No. 5711 in 2007. It provides that an owner may vote through an authorized proxy, but one person cannot be appointed to exercise more than 5% of all votes. There is a special rule for properties subject to condominium ownership with 40 or fewer units: in those buildings, one person may act as proxy for at most two persons.

These limits cannot be neutralized by collecting dozens of proxy forms in one person’s name. A management office preparing the attendance and voting list should check the number of independent units, the total number of votes, the identity of each proxy holder and the number of represented owners before voting begins.

Foreign owners should be cautious when a site manager circulates a standard form that appoints the same person for every non-resident owner. Even if each individual form is signed, Article 31’s numerical cap still applies. A vote cast beyond the representative’s statutory capacity creates a defect that may affect the validity of the decision depending on the voting result and the nature of the violation.

What happens when one apartment has several owners?

Article 31 contains a specific rule for co-owned independent units. If an apartment has more than one owner, the co-owners are represented at the owners’ assembly by one of them whom they authorize. The unit does not gain multiple votes because several people share title. The independent unit produces the vote; the co-owners must coordinate who will represent that vote.

This is common in inheritance cases. A Turkish apartment may pass to a surviving spouse and children, creating shared ownership. Until the title is later divided or transferred, the co-owners must act through the representative structure required by Article 31 for the assembly vote.

If an owner lacks legal capacity, Article 31 provides for representation by the legal representative. That is different from ordinary voluntary proxy representation and must be supported by the relevant legal status documents.

What should a proxy authorization for a condominium meeting contain?

Article 31 requires an authorized proxy but does not prescribe one universal statutory form for every condominium meeting. The document should nevertheless be specific enough to prove authority and prevent disputes. At minimum, it should identify the owner, the independent unit, the representative, the relevant condominium, and the scope of authority.

A strong meeting authorization normally states whether the representative may attend, sign the attendance list, participate in discussions, vote on agenda items, make objections, sign the meeting minutes and receive copies of resolutions. If the owner wants the representative to follow specific voting instructions, those instructions should be written clearly.

The management plan should also be checked. Article 28 makes the registered management plan binding on owners and successors, subject to mandatory statutory rules. A management plan may contain procedural requirements concerning meetings and representation that must be respected so long as they do not contradict mandatory law.

For an owner who expects repeated annual representation, a broader power of attorney can be considered. For a single meeting, a meeting-specific authorization can reduce uncertainty about scope. The chosen form should match the acts the representative is expected to perform.

If the proxy is issued abroad, does it need apostille and Turkish translation?

The answer depends on the form of authorization and where it will be used. A privately signed meeting authorization accepted by the management is not automatically identical to a notarized power of attorney used before a court, land registry or other authority. Where notarization or official authentication is required, a document issued abroad may need apostille or consular legalization and a certified Turkish translation according to the issuing country and applicable treaty.

Foreign owners should not assume that a power of attorney prepared for a property purchase automatically covers condominium meetings. The text must be read. A document that authorizes title-deed purchase and sale but says nothing about condominium management, representation or voting may not be the best evidence of assembly authority.

Our separate guide on issuing a power of attorney for a lawyer in Turkey from abroad explains Turkish-consulate and foreign-notary routes. For authentication and translation issues, see apostille and certified translation for foreign documents used in Turkey.

Meeting dates, notice and quorum: Articles 29 and 30

Voting rights make sense only within a properly convened meeting. Article 29 states that the owners’ assembly meets at least once a year at the time shown in the management plan; if the management plan contains no time, the meeting is held in the first month of each calendar year. For collective structures, the statutory interval is different: meetings occur at least once every two years at the time in the management plan or, if none is stated, in the first month of the second calendar year.

Article 29 also regulates extraordinary meetings. Where an important reason arises, an extraordinary meeting can be called at the request of the manager, auditor or one third of the owners. The reason for the meeting must be stated, and the call must be delivered at least 15 days before the requested meeting date by a notice signed by all owners or by registered letter as described in the statute.

The first call must also state the place and date of the second meeting if the first meeting lacks quorum. The interval between the first and second meetings cannot be less than seven days.

Article 30 sets the first-meeting quorum: more than half of the owners both by number and by land share. Decisions are then made by majority vote unless the statute requires a special majority. If the first meeting fails for lack of quorum, the second meeting must be held no later than 15 days later, and its ordinary decision quorum is the absolute majority of those attending. Special statutory majority rules remain applicable.

A proxy who attends counts through the represented ownership for quorum and voting only within the authority and numerical limits of Article 31. A site cannot manufacture lawful quorum by using invalid or excessive proxies.

When can an owner attend but not vote?

Article 31 also contains a conflict rule. An owner directly concerned by the decision may attend the discussions but cannot participate in the vote on that decision. The purpose is to prevent a person from voting on a matter that directly concerns that owner in the statutory sense.

For a foreign owner represented by proxy, the representative cannot create a voting right that the principal does not have. If Article 31 excludes the owner from voting on the specific decision, the proxy is equally unable to cast that owner’s vote on that item.

The meeting chair should record the conflict and excluded vote accurately in the minutes. If the outcome would change depending on whether the excluded vote is counted, the issue can become central in a later annulment case.

Minutes and the decision book: Article 32

Article 32 requires decisions of the owners’ assembly to be written in the decision book whose pages are sequentially numbered and notarized. The owners present at the meeting sign the decisions; an owner voting against a decision signs while stating the reason for the dissent.

For a non-resident owner represented by proxy, the representative should ensure that objections are actually recorded. A later court case under Article 33 may depend on whether the owner participated, whether a dissenting vote was cast, when the decision was learned, and what the minutes show.

The representative should obtain a copy of the attendance sheet, proxy list, minutes, adopted operating budget and any annexes relevant to major resolutions. These documents are more useful than later recollections about what people said during the meeting.

Can an invalid proxy vote be challenged in court?

Yes, where the voting or meeting defect affects a decision, Article 33 provides the statutory route for annulment. An owner who attended the meeting and cast a dissenting vote under Article 32 can bring an annulment action within one month from the decision date. An owner who did not attend can bring the action within one month from learning of the decision, and in any event within six months from the decision date.

Article 33 expressly states that no time limit applies where the assembly decision is legally non-existent or absolutely null and void. Whether a particular defect produces annulability, non-existence or absolute nullity is a legal characterization that depends on the rule violated and the decision itself; it should not be assumed merely from dissatisfaction with the outcome.

Condominium-law disputes are also subject to the mandatory mediation regime in Law No. 6325 Article 18/B before filing a lawsuit within the statutory scope. The mediation step and the substantive Article 33 time limits must therefore be managed carefully rather than treated as unrelated deadlines.

If a foreign owner learns that a meeting used hundreds of proxy votes through one representative, the immediate review should compare the total number of units, the 5% cap or two-proxy rule, the attendance list, the voting result and the applicable decision majority.

Checklist for a foreign owner who will vote by proxy

1. Obtain the meeting call and agenda. Do not authorize voting without knowing what will be decided.
2. Read the management plan. Check the ordinary meeting date and any procedural provisions.
3. Confirm the total number of independent units. This determines whether the 5% rule or the maximum-two-proxies rule applies to the representative.
4. Check the representative’s other proxies. Your proxy may be valid in form but unusable if the representative has already reached the Article 31 cap.
5. Define the scope in writing. Include attendance, voting, objections, signatures and document collection as needed.
6. Give voting instructions for high-value items. Budgets, major works and manager appointments should not be left ambiguous if you have a fixed position.
7. Authenticate foreign documents when the chosen form requires it. Check apostille/legalization and translation before the meeting.
8. Request the signed minutes after the meeting. Preserve the attendance and proxy lists.
9. Act quickly if the decision is defective. Article 33 uses one-month and six-month periods for ordinary annulment actions.
10. Do not confuse ownership votes with land-share expenses. Voting and financial allocation follow different statutory rules.

Official legal sources

• Condominium Law No. 634 — especially Articles 28–33.
• Law No. 5711 amending Condominium Law — including the current Article 31 proxy limits.
• Law No. 6325 on Mediation in Civil Disputes — Article 18/B.

Frequently Asked Questions

Can a foreign owner vote at a Turkish apartment meeting without coming to Turkey?

Yes. Article 31 permits voting through an authorized proxy. The representative must remain within the statutory proxy limits.

How many owners can one person represent?

In condominiums with more than 40 independent units, one person cannot be appointed to exercise more than 5% of all votes. In properties with 40 or fewer units, one person can represent at most two owners.

Does a person who owns ten apartments get ten votes?

Normally each independent unit gives one vote, but the same owner’s voting power can never exceed one third of all votes under Article 31.

Do land-share percentages determine voting power?

No. Article 31 gives each owner one vote per independent unit regardless of land-share ratio, subject to the multi-unit one-third cap.

Can joint owners of one apartment each vote separately?

No. If one independent unit has several owners, Article 31 requires them to be represented by one of the co-owners whom they authorize.

Can the site manager collect unlimited proxies?

No. The statutory cap applies to any proxy holder. A manager does not receive an exemption from Article 31 merely because of management status.

Must a proxy be notarized?

Article 31 requires an authorized proxy but does not prescribe one universal notarization form for every meeting. The management plan and the scope of the acts should be checked. Foreign official powers of attorney may require authentication and certified translation for use in Turkey.

How much notice is required for an extraordinary meeting?

Article 29 requires the extraordinary meeting call to be made at least 15 days before the requested meeting date and to state the reason, using the statutory delivery method.

What is the quorum at the first meeting?

Under Article 30, the owners’ assembly must meet with more than half of the owners both by number and land share. Special statutory majority rules remain reserved.

Can a defective proxy invalidate a decision?

A proxy defect can affect the validity of a decision when the unlawfully counted vote is legally material. The decision, voting numbers and statutory majority must be reviewed together, and Article 33 provides the annulment route.

How long do I have to challenge an assembly decision?

An attending dissenting owner has one month from the decision date. An absent owner has one month from learning of the decision, subject to a six-month long-stop period from the decision date. Non-existent or absolutely void decisions are not subject to the same time condition under Article 33.

Conclusion

A foreign owner does not lose control of condominium decisions simply by living outside Turkey. Article 31 expressly permits proxy voting, but it also prevents concentration of voting power through the 5% rule, the two-proxy rule for smaller properties and the one-third cap for multi-unit owners. The proxy must then operate inside a properly convened meeting under Articles 29 and 30, with decisions recorded under Article 32. If the voting process breaches the statute and produces an unlawful resolution, Article 33 supplies the court remedy and strict time limits.

For a non-resident owner, the practical rule is simple: appoint a representative early, verify how many other owners that person represents, give written instructions, collect the meeting records and review disputed decisions immediately rather than after the next annual meeting.