What to do in case of unfair use of common space

What is Common Space?

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.

Examples of Unfair Use of Common Space

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.

1. Detect and Document 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.

2. Send a Written Alert to the User

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.

3. Make Management Decisions

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

4. Legal Process: Application to the Magistrates Court

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.

5. Is the Expense Share Deduction Applicable?

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

Conclusion

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.