In Antalya, disputes regarding the use of common areas for income purposes are frequently experienced among apartment residents. Situations such as renting a parking lot, opening a pool for paid use or renting out common areas to commercial businesses bring both the potential for income generation and potential legal problems. In this article, we will examine in detail the legal remedies regarding the use of common areas for income purposes in Antalya.
Definition and Legal Status of Common Areas
First of all, it is important to clarify what the common areas of an apartment building include and their legal status. According to the Law on Condominium Ownership, common areas are areas that all condominium owners benefit from jointly and in their entirety. These include building entrances, stairs, elevators, roofs, gardens, and parking lots. The use and management of common areas are subject to the decisions of the condominium owners’ council. However, these decisions cannot be contrary to the Law and relevant regulations. Disagreements are inevitable if there is no prior written agreement between the condominium owners regarding the use of common areas for income purposes.
Making the Decision for Income Use
In order for the board of flat owners to make a decision regarding the use of common areas for income purposes, certain conditions must be met. In order for the decision to be valid, it must be made by a majority vote of the flat owners. The voting rights of the flat owners are determined according to the land shares of the independent units. In other words, flat owners with a higher land share also have more voting rights. In addition, the necessary information and opportunity for discussion must be provided to the flat owners during the decision-making process. In this process, it is of great importance to comply with the principles of transparency and justice.
Objection to the Decision and Litigation Procedures
The decision of the condominium owners' council is binding on all condominium owners. However, one or more condominium owners may object to this decision. The objection is first made to the condominium owners' council. The council evaluates the objection and corrects its decision if necessary. However, if the objection is rejected or the council does not respond effectively enough, legal action may be taken.
Civil Court of Peace
In resolving disputes between property owners, first of all, the Civil Court of Peace is applied to. The court listens to the claims of the parties, evaluates the evidence and makes a fair decision. The court examines whether the decision regarding the use of common areas for income purposes is lawful. The protection of the rights of property owners and the consideration of common interests are essential in the decision.
Court of Appeal
The decision of the Civil Court of Peace can be appealed to the Court of Appeal by the parties. The Court of Appeal examines whether the decision is correct in terms of procedure and substance. If incorrect or deficient practices are detected, it may make changes to the decision or reverse the decision and decide for a new review.
Renting Common Areas and Contractual Issues
In the case of renting common areas, the content of the contract is very important. The contract should describe in detail the exact area to be rented, the method and period of payment of the rent, and the conditions for termination of the contract. It is very important to prepare the contract in accordance with the relevant legislation and to sign it by the parties in order to prevent possible disputes. Having the contract reviewed by a professional lawyer helps to reduce possible risks.
Cases of Insufficiency of Evidence
During the trial process, it is possible that there will be insufficient evidence. In this case, the court may request that the parties submit additional evidence or may make a decision based on the existing evidence. The evidence must be examined in terms of legal acceptability and reliability. Various evidence such as witness statements, contracts, photographs, expert reports may be evaluated by the court.
Disputes over the use of common areas of apartments in Antalya for income purposes can involve complex legal processes. Therefore, consulting with an expert lawyer on the subject is of great importance in terms of protecting your rights and finding the most appropriate solution. Taking the right steps in the legal process will save time and money. It should be noted that this article is for informational purposes only and does not constitute legal advice. Since each situation has its own characteristics, it is recommended that you consult an expert before any legal action.