The Duty to Maintain and Protect the Main Property

A long life and safety in an apartment or residential complex depend on regular maintenance and protection. When maintenance of common areas such as the roof, façade, elevator and installations is neglected, both loss of value and safety risks arise. So who bears this duty of maintenance and protection, and how are the expenses covered? In this guide we explain the duty to maintain and protect the main property under the Condominium Ownership Law No. 634 (KMK).

Who bears the duty of maintenance and protection?

The maintenance and protection of the main property is essentially the joint responsibility of all unit owners. The law states that unit owners are obliged to preserve the main structure and the common areas (KMK Art. 19). In practice, carrying out this duty falls to the manager, who is charged with ensuring the maintenance, protection and repair of the common areas.

Prohibition against damaging the main structure

The other side of maintenance and protection is the duty not to cause damage. No unit owner may carry out any repair, installation or alteration in their own independent unit that would damage the main structure (KMK Art. 19). Each unit owner is also liable to the other owners for damage caused to the main property or to other independent units by their own fault. Protecting the building therefore means not only having maintenance performed but also refraining from any conduct that could harm it.

Repair of common areas and expenses

Expenses for the maintenance, protection, reinforcement and repair of common areas are borne by the unit owners in proportion to their land share (KMK Art. 20). An owner cannot refuse to contribute by claiming that they do not use that particular common area. For example, a ground-floor resident who never goes upstairs must still contribute to elevator maintenance in proportion to their land share.

Mandatory reinforcement and urgent repair

In some cases maintenance is not a choice but an obligation. If a defect in a common area or facility is determined by a court to be damaging the main structure and in need of urgent repair, or if it is decided that the main structure must be reinforced, no additional consent of the unit owners is required to carry out that repair or reinforcement (KMK Art. 19). This exception shows that safety takes priority over any majority requirement.

Consequences of neglecting maintenance

Failing to fulfil the maintenance duty can have serious consequences. A neglected roof leak may damage the floors below, and an unmaintained façade can pose a hazard through falling parts. In such damages, the liability of those at fault comes into play. Moreover, a manager who neglects the maintenance duty may face legal liability.

Why is regular maintenance important?

Regular maintenance both reduces costs and improves safety. Periodic inspections of systems such as elevators, fire installations and generators are legal requirements. Timely maintenance prevents large repair bills and reduces the manager's exposure in case of accidents. Setting up a maintenance calendar is therefore a wise approach.

Summary

Maintenance and protection of the main property is the joint responsibility of all unit owners; in practice it is carried out by the manager. Expenses for common areas are shared in proportion to the land share. No one may damage the main structure and is liable for any damage caused by their fault. For urgent repairs and mandatory reinforcement established by a court, no majority is required.

Keeping a maintenance calendar, expense sharing and repair records in order simplifies management. Apt Yönet consolidates maintenance, expense and reporting processes in a single panel, making the protection of the building systematic.

---

Frequently Asked Questions

Who arranges the roof repair?

Because it is a common area, it is arranged by the manager; expenses are shared among the unit owners in proportion to the land share.

Do I have to contribute to maintenance expenses?

Yes. You cannot refuse to contribute in proportion to your land share even by claiming that you do not use the common area (KMK Art. 20).

Is a vote required for urgent reinforcement?

If a court has determined that the repair and reinforcement are urgent and mandatory, the unit owners' consent is not required.

Is an owner who damages the building liable?

Yes. An owner who damages the main structure or other units through their fault is liable to the other owners (KMK Art. 19).

---

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.