With Antalya's expanding building stock and growing population, disputes regarding condominium ownership are also increasing. These disputes often stem from the limitations of condominium owners' collective decision-making authority and the problems encountered in its implementation. This article aims to examine in detail the collective decision-making authority of condominium owners in Antalya, the scope of this authority, and the frequently encountered problems in practice.
Condominium Law and Joint Decision-Making Authority
The Condominium Ownership Law (KMK) governs the rights and obligations of apartment owners living in multi-story buildings such as apartment buildings and complexes. One of the fundamental principles of the law is that the management of common areas and facilities is carried out by the joint decision of the apartment owners. This shared decision-making mechanism aims to protect the rights and interests of apartment owners through a democratic process. However, in practice, the operation of this mechanism can lead to various problems.
Joint Decision Making and Voting Procedure
The KMK (Republican People's Code) prescribes a specific voting procedure for making joint decisions. Decisions at general assembly meetings are determined by weighted voting based on the land share ratios. While some decisions require the approval of a certain majority of the apartment owners, others require a higher majority. For example, a higher majority is generally required for matters such as major renovations or new construction. This voting procedure aims to protect the rights of each apartment owner based on their land share ratio. However, in practice, significant differences in land share ratios can result in some apartment owners having greater influence than others in the decision-making process.
Problems Encountered in Application
Disagreements between property owners are one of the biggest challenges in the shared decision-making process. These disagreements typically arise over issues such as the allocation of repair and maintenance costs, implementation of the management plan, use of common areas, and payment of dues. If these disagreements cannot be resolved, litigation may be necessary.
Importance of the Management Plan and Implementation Problems
The management plan is an important document that governs the rights and obligations of property owners, the use of common areas, and the management method. Failure to implement the rules outlined in the management plan can lead to disputes among property owners. If the management plan is incomplete or inadequate, resolving the resulting problems becomes even more difficult. In practice, an inadequate or outdated management plan is one of the primary causes of many disputes.
Delays in Membership Payments and Their Consequences
Delays in dues payments are another problem that seriously impacts apartment and complex management. Unpaid dues make it difficult to maintain and repair common areas and can cause financial difficulties for the management. Legally pursuing collection proceedings is a time-consuming and costly process.
Use of Common Areas and Disputes
Disagreements also frequently arise regarding the use of common areas. Differing opinions and conflicts of interest can arise among property owners regarding matters such as parking, landscaping, and pool use. To resolve these disagreements, it is crucial to establish clear and understandable rules in the management plan and to enforce them fairly.
Dispute Resolution and Legal Remedies
Consensual methods should be the primary method for resolving disputes between property owners. Alternative dispute resolution methods, such as mediation, can help achieve mutual understanding and agreement between the parties. However, if agreement cannot be reached, litigation may be necessary. The court will make a decision in accordance with the provisions of the Civil Procedure Code (KMK) and the management plan.
In condominium disputes in Antalya, legal advice from an expert legal professional is crucial for resolving these issues. Given the complexity and length of legal processes, obtaining appropriate and timely legal assistance will help condominium owners protect their rights and resolve disputes as quickly as possible. With the right legal knowledge and strategies, condominium owners can secure their rights and live a peaceful life.
It's important to seek the support of an experienced legal professional when dealing with your condominium issues in Antalya. A professional with extensive knowledge of legal processes can help you resolve your issues and ensure your rights are protected.