Condominium Ownership and Dues Liability in an Inherited Unit

A unit left behind by the death of a relative starts both an emotional and a legal process for the heirs. Questions such as "how does the title pass to the heirs", "who is liable for the dues debt" and "who casts the vote at the management meeting" often cause confusion. Knowing the condominium rules for an inherited unit both protects the heirs' rights and enables them to fulfil their obligations.

How does the unit pass to the heirs?

Upon the death of the owner, the ownership of the unit passes automatically to the heirs. However, for this transfer to be reflected in the land registry, a transfer of ownership transaction must be carried out. The heirs apply to the land registry directorate with the certificate of inheritance and register the unit in their own names. Even without registration, the heirs are considered owners, but the land registry must be updated for official transactions.

Co-ownership among heirs

If there is more than one heir, as a rule the unit becomes subject to co-ownership (by shares). Each heir is a co-owner of the unit in proportion to their inheritance share. In this case, decisions concerning the unit (sale, lease, use) require the heirs to act together. If the heirs cannot agree, a partition action (izale-i şuyu) may be on the agenda.

Who is liable for the dues debt?

Dues liability for an inherited unit is assessed in two respects:

• Arrears accumulated before death: An inheritance covers both rights and debts. Unless the heirs renounce the inheritance, they are also liable for the deceased's dues arrears.
• Dues arising after death: Since the unit now belongs to the heirs, dues accrued after the death are also the responsibility of the heirs.

If the heirs want to escape from the debt, they may resort to renunciation of inheritance within the statutory period; however, this also means giving up the ownership of the unit.

Voting rights at the management meeting

In a unit subject to co-ownership, the heirs exercise the voting right together. Under the KMK, if an independent unit belongs to more than one person, the owners exercise their votes by appointing one of them as proxy. Each heir does not cast a separate vote; a single vote for the unit is cast by a representative.

An heir who wants to sell the unit

If one of the heirs wants to sell their share while the others do not, they can first sell their own share to a third party; however, the statutory preemption right (şufa) of the other co-owners may arise. For the sale of the whole unit, the heirs must agree; if they cannot, a partition action may be filed.

Summary: The ownership of an inherited unit passes automatically to the heirs; a transfer of ownership transaction is required for it to be reflected in the land registry. If there is more than one heir, the unit is subject to co-ownership. Unless the heirs renounce the inheritance, they are liable both for dues before and after the death; the voting right is exercised jointly through a proxy. For condominium and dues matters, see our blog guides, and keep your dues tracking in order with our digital tools.

Frequently Asked Questions

Am I liable for the previous dues debt of an inherited unit?
An inheritance covers both rights and debts. If you have not renounced the inheritance, you are liable in proportion to your inheritance share for the deceased's dues debts as well.

How can I get rid of the dues debt?
You may resort to renunciation of the inheritance within the statutory period; however, this also means giving up the ownership of the unit.

Does every heir cast a separate vote at the meeting?
No. Since the unit is under co-ownership, the heirs cast the single vote jointly by appointing one of them as proxy.

Related content

In connection with this topic, our articles on in which cases condominium ownership ends, the partition (izale-i şuyu) action and judicial intervention 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.