What should foreign owners know about homeowners association bylaws, quorum, and voting rights in Turkish residential sites?

Foreign owners should understand that Turkish “site” governance is set by the Condominium Law No. 634, which defines binding bylaws, meeting quorums, and voting rules for all owners in a building or multi-block residential complex. [1]

Legal Basis and the Role of the Management Plan (yönetim planı)

Turkey regulates apartments and residential sites under the Condominium Law No. 634 (Kat Mülkiyeti Kanunu), which sets mandatory rules for owners’ associations, managers, and decision-making. The primary internal bylaw document is the “management plan” (yönetim planı), a written set of rules that is registered with the land registry and binds all current and future owners, occupiers, and managers as if it were a contract. [1][3] Article 28 of Law No. 634 states the management plan governs use of common areas, management procedures, and cost-sharing, and it can only be amended by a four-fifths majority of all owners. [1] Because the plan is recorded with the title at the Land Registry and Cadastre (Tapu ve Kadastro), buyers acquire units together with these binding site rules. [3]

Owners’ Assembly, Meeting Frequency, and Quorum

The owners’ assembly (kat malikleri kurulu) is the highest decision-making body. It must meet at least once each year to review management, accounts, and budgets; extraordinary meetings can be called when needed according to the law and the management plan. [1] For the first meeting, the law requires quorum both in headcount and in land-share (arsa payı), meaning more than half of all owners and more than half of the total land shares must be represented. [1] If this quorum is not reached, a second meeting can lawfully convene under more flexible thresholds set by the Condominium Law, where decisions may be taken by a simple majority of those present, unless the law requires a higher threshold for specific matters. [1] Notices of meeting, agenda, and place must follow the procedure in the law and the management plan to ensure decisions are valid and enforceable. [1]

Voting Rights, Caps, and Special Majorities

Each condominium owner has a vote at the assembly; owners of multiple independent sections exercise votes corresponding to their ownership, but a single person’s voting power cannot override the rest of the owners under the Condominium Law’s protective limits. [1] Tenants may attend by invitation or custom but have no voting rights unless they hold a written power of attorney (vekaletname) from the owner. [1] Standard decisions are adopted by a simple majority at a duly convened meeting, but the law imposes special majorities for certain topics. Amending the registered management plan requires the approval of four-fifths of all owners. [1] “Useful additions or improvements” to the property, such as enhancements going beyond necessary maintenance, also require a four-fifths majority of all owners. [1] These higher thresholds apply regardless of meeting attendance; they are calculated on all owners and their shares. [1]

Representation by Proxy and Documentation Standards

Owners who cannot attend may appoint a proxy to vote on their behalf with a written authorization that identifies the proxy-holder and the scope of representation. The Condominium Law recognizes proxy voting and does not require notarization unless the management plan prescribes it; however, a clear, dated, written proxy avoids disputes during the meeting. [1] Foreign owners who are abroad commonly issue a written power of attorney (vekaletname) for assembly voting and routine management matters; a notarized and apostilled power may be required by site management if the management plan or internal practice so states, but this is an internal evidentiary choice rather than a statutory rule. [1] The minutes of each meeting and the attendance list with proxies are entered in the assembly decision book (karar defteri) to establish a reliable record of resolutions taken. [1]

Multi-Block Sites and “Toplu Yapı” Governance

Many modern Turkish residential projects are multi-block or campus-style “sites.” Law No. 5711 amended the Condominium Law to add specific provisions for integrated complexes (toplu yapı), enabling block-level boards and a site-level board of representatives to coordinate budgets, security, landscaping, and shared facilities across multiple buildings. [2] In these structures, owners first elect block representatives according to the general rules of Law No. 634 and the registered management plan; those representatives then form the higher-level site board to take decisions about shared amenities and costs serving all blocks. [2] Quorum and voting at both levels follow the Condominium Law’s majority rules unless the management plan lawfully sets clearer procedures consistent with the statute. [1][2]

Cost Sharing, Enforceability, and Challenging Decisions

Cost-sharing for common expenses is determined by Law No. 634 and the management plan. Where the plan is silent, the law applies default allocation rules tied to land shares or special-use provisions for facilities benefitting only some blocks or units. [1] Decisions adopted by the assembly within the law and the management plan are binding on all owners and occupiers, and unpaid common charges may be collected through enforcement proceedings against the unit owner recorded at the Land Registry. [1][3] Owners who believe a decision violates Law No. 634 or the registered management plan can file an annulment action in civil court. Challenges must be lodged within one month from notification or knowledge of the decision, and the court may suspend or cancel unlawful resolutions. [1] For large projects or disputes about common facilities that serve multiple blocks, these procedural rights apply at the site board level as well, based on the additional articles introduced by Law No. 5711. [2]

Practical Steps for Foreign Owners

Before purchase, request and review the registered management plan from the Land Registry or the seller to understand rules on pets, short-term letting, parking, facility use, and cost allocation. [3] After purchase, ensure your contact details are updated with site management so you receive timely meeting notices and budgets. [1] If you cannot attend meetings, appoint a proxy in writing and provide clear instructions on agenda items. [1] For significant changes such as plan amendments or capital improvements, verify the required majority and whether the vote met the statutory thresholds. [1] If you face a complex dispute, engage a licensed Turkish attorney experienced in condominium law to assess strategy and deadlines. This information is general and does not replace individualized legal advice from a qualified professional.

Summary

Turkish site governance rests on the Condominium Law and the registered management plan. The owners’ assembly decides routine matters by simple majority at a validly convened meeting, but four-fifths majorities are required for management plan amendments and useful improvements. Representation by written proxy is permitted, tenants do not vote without authorization, and multi-block sites follow layered representative structures recognized by law. Reviewing the registered plan, observing notice and quorum rules, and documenting proxies and minutes are essential to preserve rights and ensure decisions are enforceable.

Related Questions:
– Q47 (How do Turkish condominium fees and special assessments work, and how are they enforced?)
– Q48 (What are the rules for short-term rentals like Airbnb under Turkish condominium law?)
– Q49 (How are disputes between site management and owners resolved in Turkey?)
– Q51 (What is the role and liability of the site manager in Turkish residential complexes?)

References:
[1] Presidency of the Republic of Türkiye – Mevzuat Bilgi Sistemi. “Kat Mülkiyeti Kanunu (Law No. 634 on Condominium).” https://www.mevzuat.gov.tr/mevzuat?MevzuatNo=634&MevzuatTur=1&MevzuatTertip=5
[2] Official Gazette (Resmi Gazete). “Law No. 5711 Amending Condominium Law No. 634.” https://www.resmigazete.gov.tr/eskiler/2007/11/20071128-93.htm
[3] General Directorate of Land Registry and Cadastre (TKGM). “Kat Mülkiyeti ve Kat İrtifakı İşlemleri (Condominium and Construction Easement Procedures).” https://www.tkgm.gov.tr/tr/icerik/kat-mulkiyeti-kat-irtifaki-islemleri
[4] Ministry of Environment, Urbanization and Climate Change. “Kat Mülkiyeti Kanunu – Information Page.” https://csb.gov.tr
[5] Ministry of Justice – Mevzuat Portal. “Türk Borçlar Kanunu (Code of Obligations) – General Provisions on Representation.” https://www.mevzuat.gov.tr

Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or investment advice. Property law and tax rules in Turkey change frequently. Consult a licensed Turkish lawyer, accountant, or real estate professional before making any purchasing decision.