How to Object to Dues? Rights in Unjust Dues

A unit owner may think that the dues demanded from them have been miscalculated, are unjust or have not been set in accordance with the procedure. In this case they are not helpless; there are legal routes for objection. However, these routes have specific procedures and time limits. In this guide we explain how to object to dues and in which situations and how you can seek your rights.

In which situations can dues be objected to?

Objection to dues may arise for various reasons:

• Calculation error: Situations where the dues have been miscalculated or entered twice.
• Unjust sharing: Distribution of expenses contrary to statutory rules.
• Improper decision: Setting of dues without a proper assembly decision.
• Unauthorised expense: Reflecting expenditures made outside the manager's authority in the dues.

Objection to the operating budget

If the basis of the dues is the operating budget, the first route of objection is objecting to this budget. Under the law, the operating budget prepared is notified to unit owners, and an objection can be raised within 7 days of the notification (KMK Art. 37). If an objection is raised, the budget is discussed at the assembly of unit owners. This is the most direct route for objection to the amount and distribution of the dues. Not missing the time limit is important.

Objection to the assembly of unit owners' decision

If the dues have been set by an assembly of unit owners' decision and this decision is thought to be contrary to the law, the management plan or the rules of good faith, an action can be filed against the decision. The law allows an action for annulment of assembly decisions to be filed within one month from the awareness of the decision and, in any event, within six months from the date of the decision (through the reference in KMK Art. 33). This action is heard in the civil court of peace.

Should dues be paid while objecting?

An important practical issue: objecting to dues does not, as a rule, stop the payment obligation on its own. In other words, the approach "I have objected, I am not paying" is risky; until the objection is finalised, the debt can accumulate and a late payment penalty can accrue. For this reason, in most cases it is safer to continue paying dues (with a reservation) while the objection process continues and then request a refund if the objector is upheld.

How should the objection be made?

A sound objection process works as follows: first, the reason for the objection is clearly determined (is it a calculation error or a procedural irregularity?). The objection is submitted to the management in writing and recorded. If possible, a resolution is first sought within the assembly. If no solution is found, without missing the time limits, the legal route (objection to the operating budget or an action for annulment of the decision) is pursued. That the objection is documented and reasoned ensures the process advances soundly.

Summary

Objection to dues is possible on grounds such as calculation error, unjust sharing, improper decision or unauthorised expense. An objection to the operating budget can be raised within 7 days of notification. An action for annulment against an assembly decision can be filed within one month of awareness. Objecting does not stop the payment obligation on its own; it is usually safer to pay and then request a refund.

Keeping the dues calculation transparent and accurate minimises objections. Apt Yönet keeps each unit's dues transparent, showing how they are calculated, providing a system that protects both the management and the residents.

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Frequently Asked Questions

How can dues be objected to?

An objection can be raised to the operating budget within 7 days; an action for annulment against an assembly decision can be filed within one month of awareness.

Can I stop paying dues when I object?

No, objecting does not stop the payment obligation on its own. It is usually safer to pay and then request a refund.

What is the objection period for the operating budget?

7 days from the notification of the budget (KMK Art. 37). If the period is missed, this route is closed.

In what period can an action be filed against an assembly decision?

An action for annulment can be filed within one month of becoming aware of the decision and, in any event, within six months from the date of the decision.

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This content is for general information only and does not constitute legal advice. You are advised to consult a legal expert about your specific situation.