The Obligations and Prohibitions of a Unit Owner (KMK Art. 18)

Owning an apartment in an apartment building or residential complex brings responsibilities as much as rights. For collective life to run in order, there are obligations that unit owners must comply with and prohibitions they must avoid. In this guide, we explain the obligations and prohibitions of a unit owner based on Condominium Ownership Law No. 634 (KMK).

What are the basic obligations of a unit owner?

The obligations and duties of unit owners are regulated in the law (KMK Art. 18-24). The basic obligations are as follows:

• Not disturbing: When using the independent unit and common areas, not causing harm to other owners and not disturbing them.
• Contributing to common expenses: Contributing to expenses such as insurance, maintenance, repair and manager's salary in the proportion falling to one's share (KMK Art. 20).
• Complying with the management plan: Complying with the rules set out in the management plan and with the decisions of the general assembly of unit owners.
• Allowing maintenance: When necessary, allowing entry to one's own independent unit for the maintenance of common areas.

The duty of non-disturbance

The most fundamental duty of unit owners is to comply with the rules of good faith in use and especially not to disturb one another. This principle covers all such matters as noise, odour and occupation of common areas. If a unit owner's conduct is disturbing the peace of others, legal remedies may be resorted to.

What are prohibited uses?

The law expressly prohibits the use of independent units for certain purposes. According to KMK Art. 24, an independent unit cannot be used as a brothel, casino or similar place contrary to morality. Furthermore, unless the general assembly of unit owners has given permission, independent units cannot be converted into places such as hospitals, dispensaries, clinics, polyclinics, pharmaceutical laboratories; places of entertainment such as cinemas, theatres, coffee houses, casinos, dance halls, bars, clubs; or workplaces such as bakeries, restaurants, patisseries (unless otherwise provided in the management plan).

Prohibition on interfering with common areas

Unit owners cannot make changes to common areas on their own or occupy them. They must avoid interferences that would harm the main structure or violate the rights of the other owners. In the event of unauthorized interference, restoration of the previous state may be requested.

What happens to a unit owner who does not comply with the obligations and prohibitions?

A lawsuit may be filed against a unit owner who does not fulfil their obligations and duties by the other owners or by the manager. In serious cases, if the condition of unbearability foreseen by the law materializes, even the transfer of the owner's independent unit to the other owners may be requested from the court (KMK Art. 25). For example, being the cause of three enforcement/legal proceedings within two calendar years for not paying common expenses is considered a condition of unbearability.

Do the obligations and prohibitions also bind the tenant?

Yes. The provisions relating to the obligations of the unit owner also apply to tenants and to holders of the right of residence in the independent unit. The tenant is also under the obligation not to disturb and to comply with the management plan. Furthermore, the tenant is jointly liable with the owner for the common expense debt, limited to the amount of the rent (KMK Art. 22).

Summary

The main obligations of a unit owner are: not to disturb, to contribute to common expenses in proportion to their share, to comply with the management plan and to allow maintenance. The prohibitions include converting the independent unit into places contrary to morality or into certain workplaces without permission, and interfering with common areas. A lawsuit may be filed against the owner who does not comply with these rules.

Regularly tracking common expenses and rules provides ease for both owners and management. Apt Yönet brings together on a single panel all processes from tracking dues to managing announcements.

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Frequently Asked Questions

Can a unit owner refuse to contribute to common expenses?

No. They cannot escape the expense even by claiming that they do not use the common area; contribution is a legal obligation (KMK Art. 20).

Is it prohibited to convert the apartment into a workplace?

Some types of workplace are prohibited without permission from the general assembly of unit owners; uses contrary to morality are in any case prohibited (KMK Art. 24).

What can be done about a disturbing neighbour?

The other owners or the manager may warn them and, if necessary, file a lawsuit. In cases of serious and continuous violations, the condition of unbearability may come into play.

Does the tenant also have to comply with these rules?

Yes. The obligations of the unit owner also apply to the tenant; the tenant is under the obligation not to disturb and to comply with the management plan.

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This content is intended for general information purposes and does not constitute legal advice. For your specific situation, consulting a legal expert is recommended.