Sample Petition to Object to a Dues Increase

Right to Object to a Dues Increase

Dues are not an amount arbitrarily set by the manager; they must be based on an operating budget (estimated income-expense budget) accepted by the board of unit owners. If the increase was taken contrary to procedure (without an assembly decision, without justification, by skipping the call procedure), the unit owner first submits a written objection; if no result is obtained, they may request the cancellation of the decision at the Civil Court of Peace.

Elements of the Objection Petition

• Addressee (management/assembly) and objector information
• Date and subject of the objected decision
• Reason for objection (procedural and/or substantive defect)
• Request for submission of the operating budget
• Reservation of the right to review / cancel the decision

Copyable Objection Petition Sample (Full Text)

……………………… APARTMENT / RESIDENTIAL COMPLEX
TO THE BOARD OF UNIT OWNERS / MANAGEMENT

Subject: Regarding the objection to the dues increase decision dated …/…/20… and the request for the operating budget to be submitted to me.

I am the owner of independent unit No. …… in ……………………… Apartment/Complex. I object to the increase decision announced on …/…/20…, which raises the monthly dues from ………… TRY to ………… TRY, for the following reasons:

1. The said increase ……………… (is not based on a duly taken board of unit owners' decision / no justified operating budget has been submitted / the meeting call was not made in accordance with the legal period and procedure).

2. Under the Condominium Ownership Law (KMK), dues can only be based on an accepted operating budget; the expense increase must be justified with concrete items.

My Requests:

– Submission in writing of the operating budget (estimated income-expense budget) on which the increase is based,
– Re-evaluation of the decision in terms of procedure and substance.

Otherwise, I reserve my right to apply to the Civil Court of Peace for the cancellation of the assembly decision within the period recognised by the Condominium Ownership Law. …/…/20…

Name Surname: ………………………
Unit No: ……
Signature: ………………………

Filling Guide

Base your objection on a concrete procedural or substantive defect ("I found it expensive" is not a legal reason by itself). Important warning: The lawsuit for the cancellation of an assembly decision is subject to a preclusive period (a short period running from your learning of the decision); therefore do not delay the objection. Deliver the petition against signature and keep a copy.

After the Objection: The Lawsuit

If management does not consider the objection and the decision is unlawful, a cancellation lawsuit can be filed within the period. We covered the decision cancellation process in our decision cancellation article, the legal limit of the dues increase in our is the dues increase legal article, and the operating budget in our operating budget article.

Common Mistakes

• Only saying "expensive": The objection must be based on a concrete procedural/substantive defect.
• Missing the deadline: The cancellation lawsuit is subject to a preclusive period; do not delay.
• Objection without proof: Deliver the petition against signature and keep a copy.

This content and template are for information purposes only, as examples. For lawsuit periods and rights, be sure to consult a legal advisor.