As Antalya’s development continues, disputes in apartment living are also increasing. While the Condominium Law is the fundamental law governing apartment management, numerous problems can arise in practice. In this article, we will examine in detail the methods for resolving apartment management disputes in Antalya and the relevant provisions of the Condominium Law.
Disputes Regarding the Use of Common Areas in Apartment Management
The most common disputes among apartment residents concern the use of common areas. Issues such as the use of parking spaces, the sharing of areas like the pool and garden, and the arrangement of balconies and terraces frequently lead to disputes. The Condominium Ownership Law contains regulations regarding the use of common areas, and in the event of violations of these regulations, various avenues exist for resolving disputes. For example, if a resident makes unauthorized alterations to common areas or acts that impede the use of other residents, the other residents may file a lawsuit. The court will issue the necessary rulings to resolve the dispute and protect the prevailing party.
Use of Parking Areas
Disputes regarding the use of parking spaces are common, especially in apartment buildings with a high number of vehicles. While the Condominium Ownership Law does not contain general regulations regarding the use of parking spaces, detailed regulations can be established in the apartment building regulations. If the rules set forth in the regulations are not followed, the property manager can issue a warning or, if deemed necessary, take legal action. In particular, if a specific parking space is allocated to a specific person, it is crucial that this allocation be clearly stated in the regulations and that the rights of other residents are respected.
Disputes Regarding the Election and Powers of Directors
One of the most important aspects of apartment building management is the selection of a manager. Disputes regarding the selection of a manager can lead to serious problems among residents. The Condominium Ownership Law contains detailed regulations regarding the selection of a manager. If the management is not properly selected, abuses their authority, or neglects their duties, other apartment residents may take legal action. To resolve disputes regarding the selection of a manager, the building regulations must first be reviewed and the legal provisions must be applied.
Neglect of Duties by the Manager
A manager’s negligence in their duties can lead to hardship for residents. For example, the manager may neglect the maintenance of common areas, fail to collect dues regularly, or delay important decisions regarding the building. In these cases, residents can take legal action against the manager to demand their fulfilment. The court can compel the manager to perform their duties or, if deemed necessary, remove them from office.
Fee Payments and Disputes
Payment of dues is crucial for the financial sustainability of the apartment management. The failure of some apartment residents to pay their dues regularly can lead to problems covering the building’s common expenses. The Condominium Ownership Law contains regulations regarding dues payments, and legal action can be taken against residents who owe dues. The administrator can initiate enforcement proceedings against dues debtors and ensure the collection of the debt.
The Importance of Apartment Regulations
Apartment building regulations are crucial for ensuring the proper living conditions of residents and preventing potential disputes. These regulations should include detailed regulations regarding the use of common areas, dues payments, and the selection of a manager. The rules contained in the regulations must comply with the Condominium Ownership Law and general legal principles. Ambiguities or deficiencies in the regulations can lead to disputes among residents.
To resolve apartment management disputes in Antalya, it’s essential to carefully review the Condominium Ownership Law and apartment regulations. Consensus should be the preferred method for resolving disputes, but if a compromise isn’t reached, legal action can be taken. During the legal process, seeking the support of an experienced attorney is crucial for protecting your rights and resolving disputes effectively. By seeking professional legal assistance, you can ensure a peaceful and trouble-free apartment life.