Описание

In Turkish residential complexes (site / apartman), such situations are regulated by Law No. 634 on Condominiums (Kat Mülkiyeti Kanunu).
Let’s break it down step by step:

1. Can the complex rent out premises?
Yes — but only if those premises belong to the complex as common property (ortak alan), such as a former concierge room, technical room, storage area, management office, or basement not owned by any individual.
If it is indeed common property, the decision to lease it must be made by:


The General Assembly of Apartment Owners (Kat Malikleri Kurulu);


A qualified majority (at least 4/5 of all owners’ votes, if the intended use of the space is to be changed);


The lease agreement must be executed officially on behalf of the entire complex, signed by the chairman of the board (yönetici / başkan) based on the assembly’s resolution.


If the premises belong to a private owner, that person may rent them out independently — but only within the permitted purpose of use, meaning that it must not conflict with the building’s residential purpose (see point 2).

2. Restrictions on purpose of use (e.g., massage salon)
According to the law and court practice:


In a residential building (mesken), no business may operate that disturbs the peace of residents or changes the purpose of the unit;


However, if the complex’s bylaws (yönetim planı) explicitly allow part of the building to be used for commercial purposes (for example, “zemin kat ticari alan” – “ground floor commercial area”), this is permissible;


For a massage salon, beauty clinic, office, café, etc., the unit must normally be registered as a commercial property (“işyeri”) – not “mesken” – in the land registry (tapuda niteliği).


If a unit is registered as “mesken” but used as “işyeri”, neighbors have the right to file a complaint with the municipality (belediye), and the business may be shut down.

3. How rental income must be distributed
If a common area of the complex is rented out:


The rental income must be deposited into the complex’s official bank account;


These funds are considered income of the owners’ association (kat malikleri kurulu), not of the chairman;


The money can only be used for the complex’s needs – repairs, lighting, security, gardening, electricity bills, etc.;


The assembly may decide that this income should reduce the monthly maintenance fees (aidat) or go to a reserve fund (yedek akçe).


The chairman has no personal right to dispose of these funds; doing so may be considered abuse of authority (görevi kötüye kullanma).

4. Practical recommendations


Check the yönetim planı (the complex’s bylaws) – it specifies whether leasing is permitted and who owns the space in question.


If leasing is allowed, hold an official owners’ assembly meeting and record:


Who the tenant is (person or company);


Duration and rent amount;


The bank account where payments are made;


How the income will be used.




Execute the lease agreement in the name of the complex, e.g., “Orion-4 Sitesi Yönetimi adına” (“on behalf of the Orion-4 Complex Management”).



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