THE PROBLEM OF SHARING COMMON EXPENSES IN FLAT OWNERSHIP

Abstract

One of the fundamental obligations of the flat owners under the flat ownership regi-me is contribution to the common expenses of the main immovable. Because flaw owners' contributions to the common expenses are essential for maintaining an efficient flat owners-hip regime. In this regard, lawmaker brought a nonbinding stipulation under KMK Art. 20/I (Turkish Code of Flat Ownership). Because of its nonbinding nature, the flat owners can always conduct agreements contrary to this regulation. In the practice, the flat owners often stipulate the way of sharing of common expenses in administration plan or regulate this matter by taking decisions in the board of flat owners. However, in the event that flat owners cannot reach an agreement upon sharing of common expenses, the mechanism put forward in KMK Art. 20/I is quite far from satisfying todays needs. In this study, KMK Art. 20/I (subparagraphs a,b and c) will be examined. Furthermore we will present our opinions regarding the kind of agreements that should be made by flat owners if they wish to go beyond Art. 20/I of KMK.