Notice Before Enforcement
It is possible to start enforcement proceedings directly against a unit owner not paying dues; however, sending a written notice beforehand both preserves the neighbourly relationship and removes the debtor's "I did not know" defence. Under the Condominium Ownership Law (KMK), a late payment penalty may be applied for unpaid common expenses; the notice is also the formal start of this.
Elements of the Notice
- Issuer (management) and recipient (debtor unit owner) information
- Period and amount of the debt (itemised or total)
- Applied late payment penalty (if any)
- Basis of the debt (assembly decision / date of the operating budget)
- Deadline given for payment and payment method
- Warning that enforcement and statutory mortgage will be used if unpaid
Copyable Dues Notice Sample (Full Text)
TO THE ……………… NOTARY OFFICE
NOTIFIER (ISSUER): ……………… Apartment/Complex Management (Manager Name Surname), Address
RECIPIENT: Name Surname, owner of independent unit No. ……, Address
SUBJECT: This is a notice for the payment of the accumulated common expense (dues) debt together with the late payment penalty; otherwise, enforcement proceedings will be started.
EXPLANATIONS:
1. Common expense (dues) payments belonging to the ……………… (e.g., January–June 20…) period for the independent unit No. …… which you own have not been made.
2. The debt in question is based on the board of unit owners' decision dated …/…/20… and the accepted operating budget.
3. The principal debt is …………… TRY, and the current total debt together with the late payment penalty applied under the Condominium Ownership Law is …………… TRY.
REQUEST RESULT: We hereby notify you that within 7 (seven) days from the service of this notice, the total debt should be paid through ……………… (bank transfer/EFT – IBAN: ……); otherwise, enforcement proceedings will be started against you together with the late payment penalty, enforcement costs and attorney fees under the Condominium Ownership Law, and the statutory mortgage right arising from the law will be used. …/…/20…
NOTIFIER (ISSUER)
……………… Management – SignatureDear Notary; I request that one copy of this notice, consisting of three copies, be served to the recipient, that one copy with the service annotation be given to me, and that one copy be kept in your office.
Filling Guide
Clearly write the period and amount of the debt; if possible, include monthly items. The rate of the late payment penalty is determined by the management plan or assembly decision, it cannot be arbitrary. Important: Do not announce the debtor in the WhatsApp group or on the board — this is a KVKK violation; the correct path is individual notice.
After the Notice: Enforcement
If payment is not made, enforcement proceedings can be started. We explained the steps of this process in our enforcement proceedings article, the general approach to a non-paying neighbour in our non-paying neighbour article, and the KVKK risk of debt disclosure in our dues list and KVKK article.
Common Mistakes
- Ambiguity in amount/period: The debt must be written item by item or as a clear total.
- Disclosure in the group: Announcing the debt to everyone is a KVKK violation; send individually.
- Not showing the basis: It must be stated that the debt is based on the assembly decision/operating budget.
This content and template are for information purposes only, as examples. Adapt to your specific situation; when in doubt, consult a legal advisor.
Download as PDF and Word
You can download the petition text above in two different formats. The PDF version is ready to print and submit directly; the Word (DOCX) version can be opened with Microsoft Word or LibreOffice and edited to add your own details.
Download the petition above as PDF or Word and adapt it to your situation.
Frequently Asked Questions
Answers to the most common questions on this topic — click a question to expand.
The content is prepared by the Apt Yönet team, drawing on 8 years of hands-on experience in apartment and residential-complex management, in line with current legislation and Court of Cassation rulings.