Are Shopping Mall Tenants Bound by the Management Plan?

Türeli & Ceylan Attorney-at-Law | Commercial Lease & Real Estate Advisory

Business owners who lease commercial premises in shopping malls (AVMs) often question the legal basis for service charges, managerial decisions, or usage restrictions imposed upon them. A common question arises:
Is the shopping mall’s management plan binding on tenants?

In this article, we examine the legal nature of the management plan, its effect on tenants, and the available remedies for objection.

What Is a Management Plan?

A management plan is a legally binding document prepared under the Turkish Condominium Law (Kat Mülkiyeti Kanunu) and registered with the land registry. It sets out rules for the management of shared properties such as apartment buildings, business centers, or shopping malls, including:

• Governance structure
• Sharing of common expenses
• Use of shared areas
• Authority of the manager or management board

Legal Basis – Article 28, Condominium Law:

“The management plan has the effect of a contract binding on all co-owners.”

In AVMs, the management plan typically governs the relationship among unit owners. However, an important question remains: Are commercial tenants also bound by these rules?

Are Tenants Obliged to Follow the Management Plan?

By law, the management plan directly binds property owners (co-owners). However, in practice, tenants operating businesses within AVMs are indirectly subject to its provisions.

Article 316/1 of the Turkish Code of Obligations (TCO):

“The tenant is obliged to use the leased premises with due care and in accordance with the contract, and to show respect to neighbors.”

Accordingly, tenants are considered to be bound by any regulations applicable to the property, such as the management plan or community rules.

However, for the plan to be legally binding on the tenant, the following conditions must be met:

1. Explicit reference to the management plan in the lease agreement
2. The tenant must have been notified or made aware of the plan prior to signing the lease

Common Disputes in Practice

• Excessive service charges: If the lease does not refer to the management plan’s fee structure, the tenant cannot be compelled to pay such charges.
• Restrictions (e.g., advertising bans, operating hours): These are only enforceable if explicitly stipulated in the lease or if the tenant was duly informed of the management plan.
• Fines imposed by management: Unilateral penalties that are not based on the lease or valid plan provisions may be unlawful.

Can a Tenant Object to the Management Plan?

Yes. If the legal prerequisites for binding effect are not fulfilled:

• The tenant may object to charges, restrictions, or fines imposed under the plan
• They may file a declaratory lawsuit or claim for reimbursement of unjustified payments
• In case of unlawful eviction attempts, the tenant may seek a preliminary injunction

How We Protect the Rights of Shopping Mall Tenants

At Türeli & Ceylan Attorney-at-Law, we offer:

• Review of your AVM lease agreement for compliance and legal risks
• Analysis of contradictions between the lease and management plan
• Legal action against excessive charges or unlawful managerial acts
• Ongoing legal consultancy to help you effectively exercise your tenant rights

The shopping mall’s management plan is not automatically binding on tenants. However, lease provisions may render the tenant contractually subject to it.
For this reason, it is essential to review the management plan carefully before signing any lease, and ensure that any obligations are clearly and explicitly defined.

If you are a shopping mall tenant facing disputes over service charges, restrictions, or penalties, Türeli & Ceylan Attorney-at-Law is here to support you with tailored legal solutions.