Sample Enforcement Request for Unpaid Apartment Dues

When Do Enforcement Proceedings Start?

Enforcement can be started for unpaid common expense and advance shares once the period given in the formal notice has expired. Under Article 20 of the Condominium Law, both the manager and each individual owner may pursue enforcement.

Proceedings are opened at the enforcement office where the debtor resides. In practice the request can also be filed electronically through the national judiciary portal.

What the Request Should State

• Creditor: the building management and the manager's identity details
• Debtor: the unit owner's or tenant's identity and address
• The amount of the claim and its basis
• The periods covered, listed month by month
• The claim for late payment compensation: five percent per month under Article 20
• The route: enforcement without judgment (general attachment procedure)

Documents to Attach

• The assembly resolution evidencing the manager's authority
• The finalised operating budget or the resolution setting the dues
• A breakdown of the debt: accruals and payments by period
• Any notarial notice and proof of service
• Title deed record showing ownership of the unit

Copyable Enforcement Request Sample (Full Text)

TO THE ……………… ENFORCEMENT OFFICE

CREDITOR: ……………………… Apartment/Complex Management, Manager ……………… (Full Name), National ID No ………………, Address

DEBTOR: ……………… (Full Name), National ID No ………………, owner of independent unit no. …… in ……………………… Apartment/Complex, Address

PROCEDURE: Enforcement without judgment (general attachment procedure)

AMOUNT CLAIMED: ………… TRY principal + ………… TRY accrued late payment compensation = ………… TRY

BASIS AND GROUNDS OF THE CLAIM:

The debtor owns independent unit no. …… in ……………………… Apartment/Complex. Pursuant to the general assembly resolution dated …/…/20… and the operating budget dated …/…/20…, the monthly common expense (dues) has been set at ………… TRY.

The debtor has not paid the dues for the period ……………… (e.g. January 20… – June 20…). The breakdown is as follows:

…/20… — ………… TRY
…/20… — ………… TRY
…/20… — ………… TRY
Total principal: ………… TRY

Late payment compensation of five percent per month has been applied under Article 20 of the Condominium Law.

The notarial notice of ……… Notary Office, entry no. ……, was served on the debtor on …/…/20…, and no payment was made within the period given.

REQUEST: I request that enforcement be commenced to collect from the debtor the principal and accrued late payment compensation set out above, together with compensation accruing from the date of the proceedings, enforcement costs and attorney's fees. …/…/20…

CREDITOR'S REPRESENTATIVE / MANAGER: ……………… (Full Name) — Signature

ANNEXES: 1) Assembly resolution 2) Operating budget 3) Debt breakdown 4) Notarial notice and proof of service 5) Title deed record

Filling Guide

Set out the debt period by period. Writing a single figure for "accumulated dues" makes the claim harder to prove if the debtor objects.

Always attach the resolution showing the manager's authority to pursue enforcement. Proceedings started without it can run into procedural problems.

Calculate late payment compensation separately for each period from that period's due date; applying it once to the total is incorrect.

Objection and What Follows

If the debtor objects within seven days of service of the payment order, the proceedings are stayed. The creditor must then apply to court to have the objection set aside or annulled.

A properly notified and finalised operating budget or assembly resolution is a strong basis at that stage. Keeping these records in order therefore matters.

In addition, under Article 22 of the Condominium Law a statutory mortgage may be registered over the debtor's unit for unpaid shares.

Common Mistakes

• Missing authority document: the resolution authorising the manager must be attached.
• No period breakdown: a lump-sum figure makes proof difficult if challenged.
• The wrong debtor: the limits of tenant and owner liability must be observed.
• Exceeding the statutory rate: more than five percent per month cannot be claimed.
• Omitting the notice: although not mandatory, it is strong evidence of default.

This content and template are for information only and are examples. Adapt them to your situation; if in doubt, consult a lawyer.