Determination of the Competent Court in Actions for Annulment of Objection Concerning Common Expense Claims within the Scope of the Condominium Law
Article 1 of the Additional Provisions of the Condominium Law No. 634 stipulates that “any disputes arising from the implementation of this Law shall be resolved by civil courts of peace.” According to the well-established case law of the 20th and 18th Civil Chambers of the Court of Cassation, the determination of the competent court is of critical importance in actions for annulment of objection filed following objections to enforcement proceedings initiated for the collection of common expense claims (such as maintenance fees, heating expenses, maintenance and repair costs, etc.). When judicial precedents and the framework of the Condominium Law No. 634 are evaluated together, it is observed that Civil Courts of Peace are competent in such disputes regardless of the amount in controversy. Pursuant to Article 1 of the Code of Civil Procedure, matters concerning jurisdiction are related to public order, and therefore must be examined ex officio by courts at every stage of the proceedings.