2026 Amendments to the Land Registry Law and the Condominium Law: Dues, the Management Plan, and the Rights of Condominium Owners

2026 Amendments to the Land Registry Law and the Condominium Law: General Framework

The regulation made in 2026 was carried out not under a separate heading of a "condominium reform," but within a regulation titled the Law Amending the Land Registry Law and Certain Laws and Decree-Law No. 375. The greater part of the Law entered into force on 22 May 2026, and only the part relating to "ground and foundation survey organizations and services" was deferred to 31 December 2026. The consequences of these provisions have begun to be directly applied for condominium owners and managements as of the date of entry into force.

The aspect of the amendment that directly affects daily life was made in the dues and management plan provisions found in the Condominium Law No. 634. In provinces such as Antalya, which have a dense stock of housing and residential complexes, these provisions produce significant results both for local condominium owners and for foreign investors acquiring real estate.

A New Era in the Regulation of Dues (the Operating Budget)

The most debated aspect of the new regulation is the authority to set dues. Before the amendment, the manager could prepare an operating project for a calendar year and set the dues without an upper limit; when necessary, they could request additional advances without a decision of the board of condominium owners. Under the new regime, this discretion of the manager has been limited. How the amount of dues is determined in the apartment buildings and residential complexes in Antalya has been bound, with this change, to a stricter framework. The high-dues disputes that frequently arise in the managements of complexes and apartment buildings are cited among the main justifications for the regulation.

The Temporary Operating Project and the Three-Month Limit

The manager can now prepare only a temporary operating project valid for at most three months. A temporary operating project is defined as a fixed-term budget that allows the dues to be determined during the transition period until the board of condominium owners convenes. Within three months, an ordinary or extraordinary general assembly of condominium owners must convene; the permanent dues and operating project are decided by this board. When the operating project approved by the board of condominium owners enters into force, the advance practice of the temporary period ends.

With this change, the manager's authority to collect advances unilaterally and repeatedly has been abolished. The final say in the preparation and approval of the operating project belongs to the condominium owners. In practice, in budget disputes between the management and the condominium owners, this rule is expected to be decisive in terms of proof and oversight.

The Revaluation Rate Limit

In the temporary period, the increase in dues cannot exceed the revaluation rate. The revaluation rate is a rate officially announced each year by the Ministry of Treasury and Finance and determined under the Tax Procedure Law; the current rate must be confirmed from an official source for the relevant year. Thus, the increase to be applied until the board of condominium owners convenes has been limited by a foreseeable ceiling. Whether the temporary-period dues in complexes with many independent units are set in accordance with this ceiling is a matter that condominium owners need to monitor.

It should be emphasized that this ceiling applies only to the temporary period. No statutory upper limit is envisaged for the decisions on dues increases to be taken in the general assembly of condominium owners; the board may freely set the dues according to the actual expenses of the building. Given the high level of common expense items in large complexes in Antalya, this distinction is of practical importance for condominium owners.

Majority Ratios in Management Plan Amendments

The management plan is the fundamental document that regulates the manner of managing the property, the principles for paying dues, the use of common areas, and the manager's duties, that is annotated in the land registry, and that binds all condominium owners. A person who purchases an independent unit in Antalya becomes subject, upon transfer, to the provisions of the existing management plan as well. The 2026 regulation has differentiated, according to the type of structure, the majority ratio required for amending the management plan.

The New Ratio in Collective Structures: From Four-Fifths to Two-Thirds

In collective structures (complex-type structures containing more than one plot or block), the majority required for a management plan amendment has been reduced from four-fifths (4/5) to two-thirds (2/3) of all condominium owners. This change aims to facilitate the decision-making process in large complexes housing numerous independent units. The prevalence of mass-housing projects with a high number of blocks and plots in Antalya increases the practical effect of this provision.

The Ratio Preserved in Individual Buildings

By contrast, the four-fifths (4/5) majority ratio required for amending the management plan in individual buildings on a single plot has been preserved. Accordingly, the applicable ratio changes depending on whether the structure is of the nature of a collective structure or an independent building. Since both multi-block complexes and independent apartment buildings are common throughout Antalya, correctly determining this distinction is of importance in practice. The nature of the structure in the land register is taken as the basis for determining which ratio applies.

The settled case law of the Court of Cassation (Yargıtay) on condominium disputes

The Court of Cassation (Yargıtay) consistently accepts that the management plan has the nature of a contract binding all condominium owners and that management plan amendments made without securing the qualified majority envisaged in the law are invalid. Within the framework of the same case law, the annulment of decisions of the board of condominium owners that are contrary to the law and to the management plan may be requested.

The Rights of Condominium Owners and Avenues of Objection

At the center of the new regulation lies the protection of the will of the condominium owner. Below, the principal legal remedies that may be resorted to against changes in dues and the management plan are summarized in an informative manner. Objections to the operating project and dues constitute a significant part of condominium disputes.

Objection to the Operating Project and Dues

A condominium owner may object to the operating project notified to them or to the dues determined by a board decision, on the ground of contravention of the law or the management plan. An increase in dues in the temporary operating project that exceeds the revaluation rate constitutes a ground of objection in itself. In dues and common-expense disputes between the condominium owner and the management in Antalya, whether the three-month temporary-period rule has been correctly applied is the first matter that needs to be examined.

Action for Annulment of a Decision of the Board of Condominium Owners

An action for annulment may be brought before the civil court of peace (sulh hukuk mahkemesi) against decisions of the board of condominium owners that are contrary to the law, the management plan, or the rules of good faith. For a condominium owner who attends the meeting and records a dissent to the decision, the one-month period for bringing an action starts running from the date of the decision. A condominium owner who does not attend the meeting may bring an annulment action within one month of learning of the decision and in any case within six months of the date of the decision. Where the decision is deemed non-existent or held void by absolute nullity, this time-limit condition is not required. The competent and authorized court is the civil court of peace of the place where the property is located. It is assessed by experts that, in the short term, the regulation may lead to an increase in annulment actions, dues objections, and requests for extraordinary general assemblies.

A condominium owner also has the right to object to enforcement proceedings initiated by the manager for unpaid common expenses. Whether the operating project that forms the basis of the common-expense receivables was drawn up in accordance with the proper procedure is an element that directly affects the outcome of the proceedings.

Comparative Table: Previous and New Situation

The table summarizes the main axes of the change. It is advisable for those who invest in real estate in Antalya or own an independent unit in a complex to assess, through the management plan, which rule applies according to the nature of their own structure. The large scale of complexes will cause the change in the management plan majority ratio to arise frequently in practice.

The general legal framework of the subject is also addressed under the heading of litigation and transactions in the field of real estate law.