Statute of Limitations and Periods in Condominium Ownership

In law, the concepts of "statute of limitations" and "period" determine until when a right can be exercised. In condominium ownership too, periods come into play in many matters, from dues claims to time limits for filing actions. Questions such as "how many years back does a dues debt run" and "until when can I file suit" concern both managements and owners. In this article we explain the basic periods in condominium ownership.

Difference between statute of limitations and forfeiture period

First, the two concepts must be distinguished. Statute of limitations allows the debtor to refuse payment if a claim is not requested within a certain period; however, the debt is not entirely extinguished, only its enforced collection through litigation becomes difficult. Forfeiture period, on the other hand, is stricter: once the period expires, the right ends entirely and the court takes this into account of its own motion. Which period applies depends on the nature of the right.

Statute of limitations on dues claims

The most frequently asked topic is dues claims. Because dues and common expense claims are periodic in nature, they are subject to a five-year statute of limitations. That is, as a rule, the creditor can claim back only the last five-year period for unpaid dues. If the debtor invokes the statute of limitations for dues older than five years, collecting that portion becomes difficult. For this reason, it is important for managements to follow up dues claims regularly, without letting them accumulate.

How is the statute of limitations interrupted?

The statute of limitations is interrupted by certain acts and begins to run again. For example, initiating enforcement proceedings against the debtor, filing suit or partial payment/acknowledgement of the debt by the debtor interrupts the statute of limitations. The creditor can therefore protect the claim by initiating legal action before the period expires. Interrupting the statute of limitations is a critical tool to avoid losing the claim.

Action and application periods

Some actions related to condominium ownership have specific periods:

• Annulment of an assembly decision: An action for annulment against decisions of the assembly of unit owners must be filed within the period provided by law.
• Preemption (şufa) action: Filed within the forfeiture period following becoming aware of the sale.
• Common area occupation (cessation of interference): As long as the occupation continues, the statute of limitations does not run; the action can be filed at any time.

Since the nature of these periods differs (statute of limitations or forfeiture period), the applicable period must be evaluated separately for each dispute.

Not to miss the periods

The most common reason for the loss of rights is missing the periods. In particular, the five-year statute of limitations on dues claims and the forfeiture periods for annulment of assembly decisions and preemption must be followed carefully. Managements must follow up their receivables regularly, and owners must exercise their objection and litigation rights on time. In case of doubt, obtaining expert support while the period is still running is the safest way.

Summary: Statute of limitations (makes enforced collection of the claim difficult) and forfeiture period (extinguishes the right entirely) are distinct concepts in condominium ownership. Dues claims are subject to a five-year statute of limitations; enforcement proceedings or filing suit interrupt it. Annulment of assembly decisions and preemption are subject to forfeiture periods, while there is no statute of limitations for common area occupation. For dues and litigation processes, see our blog guides, and keep your dues tracking in order with our digital tools.

Frequently Asked Questions

How many years back can a dues debt be claimed?
Dues and common expense claims are subject to a five-year statute of limitations; as a rule, the last five-year period can be claimed. For older debts, the debtor may invoke the statute of limitations.

How is the statute of limitations paused/interrupted?
Initiating enforcement proceedings, filing suit or the debtor's acknowledgement or partial payment interrupts the statute of limitations and it starts to run again.

Is there a statute of limitations for common area occupation?
No. While the occupation continues, the statute of limitations does not run; an action for cessation of interference can be filed at any time.

Related content

In connection with this topic, our articles on land share, difference between condominium easement and condominium ownership and condominium ownership cover the subject in more detail.

This content is for general information only and does not constitute legal advice. For your specific situation, please consult a lawyer.