How Are Apartment Dues Determined? Equal or by Land Share?

"Why are my dues different from my neighbour's?" and "How were these dues determined?" are questions often asked in apartment life. Knowing how dues are calculated is important both for a fair distribution and for possible objections. In this guide we explain how apartment dues are determined, which expenses are shared equally and which by land share, under Article 20 of the Condominium Ownership Law No. 634 (KMK).

What are dues?

Dues are the share collected from unit owners to meet the common expenses in an apartment or complex. Costs such as doorkeeper wages, cleaning, elevator maintenance, electricity and insurance make up these common expenses. How dues are to be shared is set out in the law on specific bases.

Two different sharing bases

The Condominium Ownership Law shares common expenses on two different bases (KMK Art. 20). Unless otherwise agreed among the owners:

• Equal sharing: Doorkeeper, boilerman, gardener and watchman expenses, together with the advance payment to be collected for these, are shared equally among all unit owners.
• Sharing by land share: Insurance premiums, expenses for the maintenance, protection, reinforcement and repair of common areas, the manager's salary and the operating expenses of common facilities are shared in proportion to the land share.

A portion of your dues is therefore calculated equally with everyone else, while another portion is calculated according to your unit's land share. This dual structure explains why dues can differ from one unit to another.

Why some expenses equally and others by land share?

This distinction in the law is sensible. The doorkeeper or watchman gives the same service to all units, so this expense is shared equally. In contrast, expenses linked to the value and size of the building (insurance, maintenance) are shared in proportion to the land share, because a unit with a higher land share also gets a larger share of the building.

Are dues paid even if unused?

Yes. A unit owner cannot refuse to pay by claiming that they do not use the service. For example, an owner whose unit is empty or who does not use the elevator is still obliged to pay their share of the dues (KMK Art. 20). The law considers it sufficient to have the "right" to benefit from the service.

Who determines the amount of the dues?

The amount of the dues is determined within the framework of the annual budget (operating budget). The operating budget shows the expenses estimated for the year and the share to be paid by each owner. This budget is approved by the assembly of unit owners. The manager accrues and collects the dues in accordance with the approved budget.

The management plan may set a different method

The sharing bases in the law apply "unless otherwise agreed among the owners". The unit owners can therefore set a different sharing method in the management plan or by a decision of the assembly. For example, it may be decided that all expenses be shared equally. However, if there is no such agreement, the dual basis of the law applies.

Summary

Apartment dues are the sharing of common expenses among the unit owners. Personnel expenses such as doorkeeper, gardener and watchman are shared equally; insurance, maintenance, repair and the manager's salary are shared in proportion to the land share. Dues are paid even if the service is not used. A different method may be set through the management plan.

Calculating dues manually according to equal and land share bases is laborious and error-prone. Apt Yönet automatically calculates each unit's share, providing a fair and transparent dues system.

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Frequently Asked Questions

Why are my dues different from my neighbour's?

The portion of the dues calculated by land share depends on your unit's share. Units with different shares end up with different dues.

Is the doorkeeper wage shared by land share?

No. By law, doorkeeper, boilerman, gardener and watchman expenses are shared equally among all owners (KMK Art. 20).

Are dues paid for an empty unit?

Yes. Even if the unit is empty or the service is not used, the owner is obliged to pay their share of the dues.

Can the dues sharing be changed?

Yes. A different sharing method can be set through the management plan or a decision of the assembly; otherwise, the statutory basis applies.

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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.