Arrears, Late Payment Penalties and Enforcement

The late payment penalty

Under Article 20, an owner who fails to pay their share of expenses or advances on time owes a late payment penalty calculated at five per cent per month for each day of delay.

That rate is written into the law; it is not a charge invented by the management. No separate assembly decision is needed to apply it.

The manager’s power to pursue

Against an owner who does not pay, the manager or any owner may bring proceedings or start enforcement. This power comes directly from the statute.

In practice the sequence is:

1. Written notice: the amount, its basis and the payment deadline stated clearly
2. Assembly decision: a decision of the owners’ assembly to pursue the matter gives the process a strong documented footing
3. Enforcement: proceedings opened through the enforcement office
4. Litigation if contested: if the debtor objects, an action to set aside the objection

The statutory lien

Owners hold a statutory lien over the defaulting owner’s unit for unpaid common expenses. It is a powerful protection and can be registered against the title.

Tenants living in the defaulting owner’s unit may also be required to pay, setting the amount off against their rent.

How we handle it

In the buildings we manage, the arrears process is documented from start to finish: the date of notice, how it was served, any payment plan discussions and the enforcement file number are all recorded. The owners’ assembly sees the status of that file at every meeting.

For files that reach litigation we work with instructed lawyers and run correspondence through icra@akalyonetim.com.tr.