How Are Apartment Dues Determined? Land-Share Ratio or Equal?

"Our dues are very high, how are they calculated?" or "Why do the lower floor and upper floor pay the same dues?" These questions come up in every apartment. How the dues are determined is not arbitrary; the Turkish Condominium Law sets clear principles. In this article, we explain how dues are legally determined.

What Are Dues Based On?

The basis of dues is the building\'s estimated annual expenses. The manager prepares an operating project containing the estimated expenses and revenues for one year; according to this project, the total expense is calculated and the dues per unit are determined. That is, the dues are found by "estimated annual expense ÷ sharing basis."

Which Expenses Are Equal, and Which Are by Land-Share Ratio?

Article 20 of the Turkish Condominium Law introduces two different sharing bases according to the type of expense:

Equally shared expenses: Unit owners contribute equally to the concierge, boilerman, gardener, and watchman expenses. That is, in these expenses, each unit pays the same share regardless of its size.

Expenses shared by land-share ratio: Unit owners contribute in proportion to their land share to expenses such as the main property\'s insurance, common areas\' maintenance, protection, reinforcement and repair expenses, and the manager\'s salary. Here, the unit with the larger land share pays more.

This distinction is the answer to the question "why do all units pay the same concierge money but different maintenance money?"

Can the Management Plan Regulate Differently?

Yes. The law sets the basic principles, but if a different sharing is regulated in the management plan, that is applied. For example, the management plan may say "all expenses are shared equally" or "all expenses are shared by land-share ratio." For this reason, when a dues dispute arises in a building, both the law and the management plan must be consulted.

Important Principle: Non-use Is Not a Reason for Non-payment

A common mistake: "I don\'t use the elevator / I don\'t live in the unit, I won\'t pay that expense." According to the Turkish Condominium Law, a unit owner cannot avoid contributing to a common expense by claiming they do not need to benefit from common places or facilities. Even an empty unit pays its share.

Advance and Operating Project

The manager collects advances from unit owners to cover estimated expenses and unexpected expenditures. The operating project is notified to the unit owners; once finalized, it forms the legal basis for the dues receivable. An owner who objects to the dues amount may object to the operating project within the legal period.

Summary

Dues are determined by distributing the estimated annual expenses. According to KMK Art. 20, concierge/gardener/watchman/boilerman expenses are shared equally, and insurance/maintenance/repair/manager salary by land-share ratio. The management plan may regulate differently. Non-use is not a reason for non-payment.

Calculating dues correctly requires determining each unit\'s share separately by the equal/land-share basis. Apt Yönet calculates each unit\'s dues correctly and transparently by automatically sharing according to the type of expense; it creates the dues ledger with a single click.

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Frequently Asked Questions

What are apartment dues calculated based on?

Based on annual estimated expenses. Expenses such as concierge/gardener are equally shared; expenses such as maintenance/insurance are shared by land-share ratio.

Do the lower floor and upper floor pay the same dues?

In equally shared expenses (concierge, etc.), yes; in expenses shared by land-share ratio, they vary according to the land-share difference.

I don\'t use the elevator, do I have to pay?

Yes. You cannot avoid contributing to a common expense by claiming you do not use it.

Who determines the dues?

The manager prepares the operating project, and the board of unit owners approves it. The management plan may regulate the sharing basis.

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This content is for general informational purposes and does not constitute legal advice.