Change in the Common Area: How Many Votes Are Required? (KMK Art. 19)

When a change is to be made in the common area of an apartment building, the first question is usually: "How many people's approval is required for this?" Many decisions, from painting the facade to adding an elevator, from garden arrangement to setting up a common facility, depend on a certain majority. In this guide, we explain the voting ratio required for changes to be made in common areas based on Article 19 of Condominium Ownership Law No. 634 (KMK).

The basic rule: 4/5 written consent

The basic rule laid down by the law is clear: A unit owner cannot have construction, repair and facilities made in the common areas of the main real estate, or have the exterior stucco or paint in a different colour, without the written consent of four fifths (4/5) of all unit owners (KMK Art. 19). That is, a simple majority is not enough for a permanent change in the common area; a qualified majority of 4/5 written consent is required.

This high ratio arises from the fact that common areas are under the joint ownership of all owners. It aims to ensure that the common structure is not changed by the decision of a single person or of a minority.

Which works fall under this rule?

Examples of common area changes requiring 4/5 written consent:

• Establishing a new facility in the common area (for example, adding an elevator afterwards)
• Having the exterior facade painted in a different colour
• Making permanent construction/arrangement in the garden or common area
• Permanently changing the manner of use of the common area

Such works affect the common character of the building and therefore require a qualified majority.

Exception: mandatory repair and reinforcement

The law brings an important exception. In the event that the court determines that a defect in the common areas and facilities is harming the main structure or independent units and must be repaired urgently, or that the reinforcement of the main structure is mandatory, the consent of the unit owners is not sought for this repair and reinforcement to be carried out in accordance with its project and technique (KMK Art. 19). That is, urgent and mandatory safety repairs are not caught by the majority requirement.

Useful and very costly works

Some decisions related to the common area are subject to different majority rules. For example, the renewal of part of the main real estate or additions and innovations that will add value to it and are of benefit to everyone are, as a rule, decided by the majority of number and land share of the unit owners. However, if these works are very costly or considered a luxury due to the special condition of the building, the owner who does not wish to participate in them cannot be compelled. These distinctions vary according to the nature of the work.

Why is written consent important?

The law says "written consent"; oral approval is not sufficient. For the decision of a common area change to be valid, the required majority's written consent must be obtained and recorded in the decision book. Otherwise, the change made becomes legally problematic and restoration of the previous state may be requested.

Summary

As a rule, 4/5 written consent of the unit owners is required for changes such as construction, facilities or exterior painting in common areas. Urgent repair and mandatory reinforcement (if determined by the court) are exceptions to this requirement. That the decision be in writing and recorded in the decision book is important for its validity.

Keeping regular voting ratios, written consents and decision records related to common area decisions is critical for management. Apt Yönet brings together decision and approval processes on a single panel, offering management a transparent and orderly record system.

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Frequently Asked Questions

How many votes are required to have the common area painted?

For exterior paint in a different colour, the written consent of 4/5 of the unit owners is required (KMK Art. 19).

Is unanimity required to add an elevator afterwards?

As a rule, 4/5 written consent is sought. Different majority rules may also come into play depending on the nature of the work.

Is majority required for an urgent roof repair as well?

In repair/reinforcement determined by the court to be urgent and mandatory, the consent of the unit owners is not sought.

Is oral approval sufficient?

No. The law requires written consent; the approval must be in writing and recorded in the decision book.

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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.