Common areas according to the Law on Condominium;
Stairs of the apartment
Elevator, roof, corridor
Garden, parking, shelter
They are areas open to the common use of all owners, such as plumbing sections (electric-water-natural gas chambers).
These areas cannot be made the subject of private property and may not be used for personal purposes.
Placement of personal items (shoe racks, bicycles, etc.) in the entrance hall
Installation of personal tables, chairs, swings in the garden
Continuous ownership of a certain area in the parking lot in the same apartment
Turning shelters into warehouses
Placing special items in the elevator space
Mounting the air conditioning outdoor unit on the common roof
All these situations violate the common right of other owners and imply unfair use.
The first step is to document the situation in objective form:
Take a picture
Create administrator/auditor minutes
Collect signatures from apartment residents if necessary
These documents will support the legal process in the later stages.
According to the Law on Condominium, a written warning must first be given to the person who uses the common space unjustly. This warning:
The content of the violation
What common area is used
That it is against the law
It should include that it must be removed within a certain period of time.
Note: Official email or signed notification should be preferred instead of WhatsApp message.
If the person does not vacate the common area despite the warning, the apartment management or the board of apartment owners can make a decision on this issue by meeting. This decision:
Can be obtained with a plurality of votes
It is written in the decision book
In case of continuation of the violation, it is indicated that the legal process will be initiated
If, despite all warnings and decisions, the violation continues, an application can be made to the Magistrates Court.
This application;
Clearing the common area from occupation
Stopping the violation
If necessary, it can be made for a claim for compensation.
By examining the evidence, the court may decide on the prevention of interference and the removal of the unjust user's belongings.
Due to the fact that the unfair user benefits more from common expenses during the period of use of these areas, the imputation of additional expenses by management decision may arise. However, since this situation is controversial, it should be supported by a decision of the general assembly and, if possible, a lawyer should be consulted
.use of common areas for unauthorized and personal purposes is contrary to both the law and neighborly relations. Step-by-step and law-abiding action by managers and floor owners in such situations both speeds up the resolution process and avoids legal problems.
It should be remembered: the common space is everyone's, not anyone's.
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