Statute of Limitations on Dues Debts: How Many Years Back Can You Go?

The Statute of Limitations on Dues Receivables: 5 Years

There is an important issue that apartment and residential complex managements often overlook: dues receivables cannot be pursued indefinitely. Under the Turkish Code of Obligations (TBK), receivables of a periodic nature — such as dues — are subject to a 5-year statute of limitations.

This means that starting enforcement proceedings today for dues a unit owner failed to pay six years ago may bear no result if the debtor raises the statute-of-limitations defense. In other words, a debt whose time has run becomes legally "uncollectible."

When Does the Statute of Limitations Start?

Each monthly dues payment starts its own 5-year period from the date it fell due. Thus the January 2020 dues reach the statute of limitations in January 2025; the February 2020 dues in February 2025, and so on. That is why old debts should be evaluated month by month, not as a lump sum.

How Is the Statute of Limitations Suspended or Interrupted?

An important point: the limitation period is not absolute; certain actions interrupt it and restart it. For example:

• The debtor's partial payment or written acknowledgment of the debt,
• The management's initiation of enforcement proceedings or filing of a lawsuit,
• interrupt the statute of limitations. After interruption, the period starts over. That is why regular pursuit of the debtor and, when necessary, timely legal action protect the receivable.

Why You Should Not Delay Collection

The statute-of-limitations rule is a clear warning for managements: dragging out dues collection for years can lead to the receivable being lost entirely. Especially units that carry large debt but are left to "pay one day" cause managements great losses once the limitation period expires.

Practical Recommendations

• Regular tracking: Monitor debts monthly and take priority action on receivables approaching the 5-year mark.
• Documentation: Keep dated records of the notices you send and the communications you make.
• Timely legal action: If the warning yields no result, do not delay enforcement proceedings; this both protects the receivable and interrupts the statute of limitations.
• Digital system: A tracking system that provides a debt-aging report automatically shows which receivable is approaching the statute of limitations.

Related Topics

The path to follow for unpaid dues is discussed in our "non-paying neighbor" article, the steps of enforcement proceedings in our "enforcement proceedings" article, and late-payment interest in our "late-payment interest" article.

This content is for informational purposes. Consultation with an attorney is recommended for specific statute-of-limitations and collection situations.