Date limit for mediation in condominium ownership lawsuits

The 5th Civil Chamber of the Court of Cassation has issued a notable ruling regarding the date from which the mandatory mediation requirement applies to disputes arising from condominium ownership. The Chamber decided that a lawsuit filed before the regulation came into effect cannot be dismissed on procedural grounds due to a failure to apply to a mediator.

The decision, published in the Official Gazette dated September 4, 2026, was issued regarding the file of the Ankara 6th Civil Court of Peace with the case number 2022/300 and decision number 2023/1212. The case began when an insurance company sought to recover the damage costs it had paid from the condominium owners in the apartment building.

According to the petition, water damage occurred in an apartment in the Keçiören district of Ankara on January 29, 2020. The insurance company stated that water backed up due to a blockage in the building's common drainage system, reaching the insured's apartment, and that it had paid 10 thousand 720 TL in compensation as a result.

The company initiated enforcement proceedings to collect the amount paid. Upon the debtors' objection to the proceedings, a lawsuit was filed requesting the cancellation of the objections, the continuation of the halted proceedings, and the sentencing of the defendants to enforcement denial compensation. The defendants, however, argued that it was not certain that the blockage originated from a common area and requested the dismissal of the case.

EMPHASIS ON DATE FROM THE COURT OF CASSATION

The Ankara 6th Civil Court of Peace dismissed the case on procedural grounds. Following the finalization of the decision, the Ministry of Justice requested that the file be reviewed by way of an appeal in the interest of the law.

Reviewing the application, the 5th Civil Chamber of the Court of Cassation stated that the dispute originated from a building where condominium ownership had been established and that the Condominium Ownership Law No. 634 should be applied. The Chamber emphasized that, in accordance with the Additional Article 1 of the Condominium Ownership Law, the competent court for such disputes is the Civil Court of Peace.

The Court of Cassation's decision recalled that with Law No. 7445, applying to a mediator before filing a lawsuit in disputes arising from the Condominium Ownership Law was made a condition for litigation. However, it was noted that this regulation came into effect on September 1, 2023.

Determining that the specific lawsuit was filed on August 11, 2022, the Chamber noted that there was no mandatory mediation requirement for condominium ownership disputes at the time the lawsuit was filed. Therefore, dismissing the case on the grounds that a mediator was not consulted was found to be contrary to the law.

The Court of Cassation further stated that rules of jurisdiction relate to public order and must be taken into account by the court at every stage of the proceedings, even if the parties do not raise the issue. It was stated that if the court concludes that commercial courts have jurisdiction over the dispute, it should issue a decision of lack of jurisdiction.

The Chamber accepted the Ministry of Justice's request for an appeal in the interest of the law and overturned the decision of the Ankara 6th Civil Court of Peace "without affecting the outcome" in the interest of the law. The decision was taken unanimously on June 8, 2026.

News Source: 12punto