Can the Manager Grant a Dues Amnesty?

Sometimes a manager, wanting to help a resident in difficulty or resolve a dispute, may want to say "let me waive your dues debt". However, the dues debt is not the manager's personal receivable. In this guide we explain whether the manager can grant a dues amnesty, to whom the dues debt belongs and the limits of authority on this matter under the Condominium Ownership Law No. 634 (KMK).

To whom does the dues receivable belong?

Let us start with an important point: the dues debt is not the manager's receivable but the joint receivable of all unit owners. When a resident does not pay their dues, that debt is essentially owed to the apartment's common treasury and, indirectly, to all the other owners. The manager is the person tasked with collecting and managing this receivable; they are not its owner. This distinction is the basis of the amnesty issue.

Can the manager grant an amnesty alone?

Short answer: No. The manager cannot, on their own, waive a receivable that does not belong to them (the joint dues receivable). Waiving a resident's debt at their own initiative means disposing of the other owners' joint receivable, which exceeds the manager's authority. The manager is obliged to collect and preserve the common money, not to give it away.

Who can decide on an amnesty?

Because the dues receivable is joint, an amnesty or waiver of a debt is only possible by a decision of the assembly of unit owners. As the assembly represents the will of all owners, it has the authority to decide on the joint receivable. For example, the assembly can discuss and decide, in a special situation, to waive part of a resident's late payment penalty. However, even this must be evaluated carefully.

Can the late payment penalty be waived?

The principal dues and the late payment penalty may be evaluated differently. Because the principal of the dues covers the apartment's real expenses, waiving it places a burden on the other owners. As the late payment penalty is in the nature of a sanction, the assembly may discuss waiving part of it in special situations. Still, such decisions must be taken by the assembly with regard to the principles of fairness and equality; it is not a decision that the manager can take alone.

Why can the manager not grant an amnesty?

The logic of this rule is fairness. If the manager could waive the debt of any resident they wished, this would lead to serious inequalities and abuse. Residents who pay their dues regularly could rightly ask, "Why was an amnesty granted to them but not to me?" The receivable being joint and the amnesty authority resting with the assembly ensures a fair and equal application for all residents. This is also important for the manager's own protection.

What can be done for a resident in genuine difficulty?

For a resident in genuine difficulty, there are more suitable solutions than an amnesty. For example, by an assembly decision, the debt can be structured into instalments (bound to a payment plan), which both provides ease for the resident and preserves the receivable. In this way, the debt is not waived but restructured according to the resident's ability to pay. This is both a humane and a fair approach.

Summary

The dues debt is not the manager's but the joint receivable of all unit owners. The manager therefore cannot grant a dues amnesty alone. Waiving a debt is only possible by a decision of the assembly of unit owners. Waiving the dues principal places a burden on the other owners; the late payment penalty may be discussed by the assembly. Instead of amnesty, an instalment plan is a more suitable solution for a resident in difficulty.

Keeping debt tracking, instalment plans and assembly decisions in orderly records protects the management. Apt Yönet transparently tracks each resident's debt situation and payment plans, providing fair and documented collection management.

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Frequently Asked Questions

Can the manager waive the dues debt?

No. The dues are a joint receivable; the manager cannot alone waive a receivable that does not belong to them.

Who decides on a dues amnesty?

Because it is a joint receivable, an amnesty can only come onto the agenda by a decision of the assembly of unit owners.

Can the late payment penalty be waived?

The assembly may discuss waiving part of the late payment penalty in special situations; however, the principle of fairness must be observed.

What can be done for a resident in difficulty?

Instead of amnesty, structuring the debt into instalments by an assembly decision both provides ease for the resident and preserves the joint receivable.

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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.