The Law
Amending the Land Registry Law, Certain Other Laws, and Decree Law Nr. 375 was
published in the Official Journal on Thursday, 22 May under the issue number
33261.
The
amendments introduced by the Law regarding apartment fee increases are as
follows:
The
operating budget is approved by the general assembly of unit owners consisting
of the residents of the apartment building and housing complex. Accordingly,
the Law removes the apartment management's discretion in determining the
operating budget, making the votes of the unit owners decisive in setting the
amount of apartment fees.
If there
is no operating budget approved by the general assembly of unit owners, the
apartment manager shall promptly prepare an interim operating budget, which
shall remain in effect until the operating budget is approved. The general
assembly of unit owners must approve the operating budget within three months
at the latest. The amendment also lowers the voting threshold required for the
adoption of proposals concerning mixed-use or multi-building residential
complexes, allowing decisions to be adopted with a two-thirds majority of the
unit owners instead of the previous four-fifths majority.
Where an
operating budget is already in place, the amount specified under the temporary
operating budget shall be determined in a manner that does not exceed the
revaluation rate stipulated under the Tax Procedure Law, effective from the
beginning of the calendar year, and shall be submitted to the general assembly
of unit owners. With this amendment, uncertainty regarding the rate of fee
increases has been eliminated by introducing an upper limit, aiming to prevent
unfair and bad-faith practices against unit owners.
Through
these amendments, arbitrary determination of fee increases by apartment
managers has been prevented, and it has become easier to determine apartment
fee amounts through the votes of the unit owners.
Source: https://www.resmigazete.gov.tr/eskiler/2026/05/20260522-1.htm
