Which Decisions Require 4/5 Majority in Apartment Buildings?

What Is the 4/5 Majority and How Is It Calculated?

The 4/5 majority is a qualified majority regulated under Articles 42 and 45 of the Condominium Ownership Law. This majority must meet both the headcount and land share requirement of 4/5. For example, in a building with 10 unit owners, at least 8 unit owners must vote in favor, and the combined land share of these 8 must also meet 4/5.

Decisions Requiring 4/5 Majority

1. Insulation and Exterior Cladding

Exterior insulation (thermal insulation) projects that change the building's facade require a 4/5 majority under KMK Article 42. Insulation is considered a structural change in the common areas of the building. Even if it provides energy efficiency, it cannot be implemented without the approval of all unit owners.

2. Swimming Pool Construction

Building a swimming pool in the common area of an apartment is considered a "significant structural change" under the KMK and requires a 4/5 majority. Pool projects require comprehensive planning, including structural calculations, waterproofing, permits, and landscaping.

3. Parking Lot and Garage Construction

Construction of a new parking lot or garage under the building or in the garden requires a 4/5 majority, as it changes the use of common areas. Expanding or converting existing parking areas is also subject to the same majority.

4. Additional Floor or Penthouse Projects

Projects such as adding floors to existing buildings or converting the attic into an independent unit require the highest majority ratio. Such projects are possible not only with a 4/5 majority but also with municipal zoning permits.

5. Central Heating/Cooling System Installation

Switching from individual heating to a central system or installing a new central cooling system requires a 4/5 majority. Since this change affects all independent units, a high majority is required.

6. Elevator Addition or Replacement

The addition of an elevator where none exists requires a 4/5 majority decision, as it may affect the building's structural system. The complete replacement of an existing elevator is also evaluated within the same scope.

What Happens If the 4/5 Majority Is Not Achieved?

If the 4/5 majority is not achieved, the relevant project cannot be implemented. In this case, alternative paths include:

• Application to Civil Court of Peace: Unit owners who have achieved the majority may request the judge's intervention under KMK Article 33. If the judge finds the project to be in the building's best interest, they may order the decision to be made.
• Compromise and Negotiation: One-on-one meetings with opposing unit owners can be conducted to address their concerns. Payment plans, installment arrangements, and other conveniences may be offered.
• Revised Project: A new vote may be taken by narrowing the scope of the project or reducing its cost.

Decisions That Do NOT Require 4/5 Majority (Simple Majority)

Not every decision under the KMK requires a 4/5 majority. The following matters are decided by simple majority (more than half of unit owners in both headcount and land share):

• Building manager election
• Annual dues and budget approval
• Routine maintenance and repair decisions (painting, minor renovations)
• Hiring or dismissing a custodian
• Management plan amendments (for certain articles)
• Auditor election

Legal Aspects of the Matter

This matter must be evaluated primarily under the Condominium Ownership Law and related legislation. For detailed legal consultancy and implementation support, you may contact Erdemli Yönetim's expert team.