Sample Limitation Objection for Unpaid Apartment Dues

What Is the Limitation Period for Dues?

Common expense (dues) claims are periodic obligations recurring at set intervals. Under Article 147 of the Turkish Code of Obligations, periodic obligations are subject to a five-year limitation period.

The period runs separately from the date each instalment falls due. The limitation periods for January 2018 dues and January 2023 dues are therefore independent of one another. In long-neglected debts, part may be time-barred while part is not.

The Critical Rule: The Defence Must Be Raised

Limitation is not taken into account of the court's or the enforcement office's own motion. The debtor must raise it expressly as a defence.

If it is not raised, the debt is collected even though it is time-barred. The most common mistake in practice is failing to mention limitation at all in the objection.

Limitation also does not extinguish the debt entirely; it turns it into an imperfect obligation. If a time-barred debt is knowingly paid, it cannot be reclaimed afterwards.

What Interrupts Limitation

• The debtor acknowledging the debt (written admission, instalment undertaking)
• Making a part payment
• The creditor bringing an action or starting enforcement
• Securing the claim by pledge or guarantee

Once interrupted, the period starts again from the beginning. A debtor saying "let me pay part of it" can therefore unwittingly reset the period for the whole debt.

Copyable Objection to Enforcement

TO THE ……………… ENFORCEMENT OFFICE

File No: …………/…………

Subject: My objection to the payment order and my limitation defence.

DEBTOR: ……………………… (Full Name), National ID No ………………, Address

CREDITOR: ……………………… Apartment/Complex Management

A payment order in the file identified above was served on me on …/…/20…. I submit the following objections within the statutory period:

1. LIMITATION DEFENCE

The part of the claim relating to the period ……………………… (e.g. January 2018 – December 2019) is time-barred under Article 147 of the Turkish Code of Obligations. Common expense claims are periodic obligations subject to that five-year period.

I have made no acknowledgment, part payment or undertaking in respect of those periods, and the creditor brought no action or enforcement within that time. I therefore raise the defence of limitation.

2. OBJECTION TO THE DEBT

For the periods not time-barred, I also object to the debt and its accessories on the ground that ……………………… (the amount is incorrect / I hold receipts for the periods stated / the operating budget was never served on me).

3. OBJECTION TO ACCESSORIES

I further object to the rate of late payment compensation claimed and to the way it has been calculated.

For the reasons above I request that the proceedings be stayed. …/…/20…

DEBTOR: ……………………… — Signature

ANNEXES: Any payment records

Copyable Defence Petition Before the Court

TO THE ……………… CIVIL COURT OF PEACE

File No: …………/…………

DEFENDANT (Debtor): ……………………… (Full Name), National ID No ………………, Address

CLAIMANT (Creditor): ……………………… Apartment/Complex Management

Subject: Submission of our defence and our limitation plea.

EXPLANATIONS:

1. The claimant seeks payment of common expenses for the period ……………………… in respect of independent unit no. …… in ……………………… Apartment/Complex.

2. LIMITATION DEFENCE: Common expense (dues) claims are periodic obligations recurring at set intervals and are subject to the five-year limitation period in Article 147 of the Turkish Code of Obligations. The period runs separately from the date each instalment falls due.

On that basis, the claim for the period ……………………… falling more than five years before the date of the action/enforcement is time-barred. We raise the defence of limitation for those periods.

3. We have made no acknowledgment, part payment or instalment undertaking for those periods, and the claimant started no action or enforcement within that time. No event interrupting limitation has occurred.

4. For the periods not time-barred, ……………………… (our payment records are attached / the assessment is incorrect / the operating budget was not properly served).

LEGAL GROUNDS: Article 147 of the Turkish Code of Obligations no. 6098, Condominium Law no. 634 and related legislation.

EVIDENCE: The operating budget, assembly resolutions, bank records, receipts, expert examination and all lawful evidence.

CONCLUSION AND REQUEST: We respectfully request that the action be dismissed for the time-barred periods and that the costs be borne by the claimant. …/…/20…

DEFENDANT: ……………………… — Signature

Filling Guide

State the periods you consider time-barred as date ranges. General wording such as "the old debts are time-barred" is not treated as sufficient.

Do not miss the deadline. The period for objecting to a payment order in enforcement proceedings is seven days from service.

Set out the limitation defence under its own heading and expressly. A sentence buried among other objections can later be treated as never having been raised.

Traps to Watch

Making a part payment or giving an instalment undertaking for a time-barred debt amounts to acknowledging it and interrupts limitation. The period then starts again.

Avoid wording such as "I accept the debt and will pay" in correspondence with the management. A message written in good faith can extinguish the limitation defence.

Limitation is a defence; whether the debt genuinely exists is a separate question. If payment was made, that must be documented separately.

Common Mistakes

• Not raising the defence: limitation is not applied of the court's own motion.
• Missing the deadline: the period to object to a payment order is seven days.
• Making a part payment: interrupts limitation and resets the clock.
• Acknowledging the debt in writing: a message or letter accepting it can forfeit the defence.
• Not identifying the periods: the time-barred periods must be stated.

This content and these templates are for information only and are examples. Limitation calculations depend on the facts; consult a lawyer if in doubt.