Critical ruling from the Court of Cassation regarding apartment expenses

In an apartment building in the Menemen district of İzmir, the management initiated roof renovation work by contracting with an outside firm. However, some flat owners refused to contribute to the costs, stating that they had not approved these works. When the management demanded payment despite this, a legal process began between the management and the owners.

Initially, the local court found the management's enforcement proceedings to be justified and ruled that the flat owners were required to make the payment. The court stated that the roof renovation work fell within the scope of the apartment's common needs.

However, when the file was moved to the 20th Civil Chamber of the Court of Cassation, the local court's decision was overturned. The Court of Cassation ruled that roof renovation costs cannot be collected without the explicit approval of all flat owners. This decision, based on the Condominium Law, emphasized that comprehensive changes to be made in common areas must be decided by unanimous vote.

The Court of Cassation further stated that carrying out renovations outside of the project approved by the municipality would change the nature of the work, and in such a case, the requirement for unanimity must also be sought. This decision means that apartment managements cannot initiate large-scale renovations without obtaining the written approval of all flat owners. Otherwise, the expenses incurred can only be collected from the owners who provided their approval.

News Source: 12punto