With the developing structure and increasing population of Antalya, condominium practices are also becoming more complicated. From time to time, situations arise among condominium owners where the use of one condominium owner violates the rights of others. These violations are considered as uses contrary to the condominium law and give rise to the right of lawsuit of the other condominium owners. As Atty. Arb. Billur Güler Aslım Law Firm, we are with you to protect your rights with our team specialized in condominium use cases in Antalya. In this article, we will discuss in detail the right of the partners to sue in condominium use in Antalya.
What is Use Contrary to the Condominium Law?
The Condominium Law determines the usage rights and limits of the condominium owners in order to ensure order and peace in common living areas such as apartments and sites. Unlawful usage is any action or situation that exceeds these limits and violates the rights or peace of other condominium owners. These violations can occur in many different ways, such as noise pollution, spread of bad odors, unauthorized use of common areas, failure to obtain permits for construction and renovation works, and opening of a workplace. What is important is that the use in question negatively affects the rights of other condominium owners and is against the rules specified in the law.
Examples of Contrary Usage
* Noise Pollution: Excessive noise, work done late at night, listening to loud music, etc. are against the condominium law. * Emission of Bad Odors: Excessive bad odors originating from workplace activities or pets negatively affect the living spaces of other condominium owners. * Unauthorized Use of Common Areas: Unauthorized use of common areas such as parking lots, garden areas or attics. * Unauthorized Construction and Renovation: Construction or renovation work carried out without a building permit or permission from the condominium owners' council. * Opening a Business: In condominiums, use for non-residential purposes (e.g. opening a business) generally requires the approval of the condominium owners' council. Opening a business without approval is against the law.
Partners' Right to Sue and Legal Remedies
In case of use contrary to condominium ownership, other aggrieved condominium owners have the right to take legal action. This right can be exercised through both administrative and judicial means.
Administrative Procedures
First of all, a solution should be sought through the condominium owners' board. An application can be made to the condominium owners' board to stop the non-conforming use and a warning can be requested to the relevant condominium owner. If the condominium owners' board does not take the necessary precautions or cannot produce a solution, legal action can be taken.
Judicial Remedies
If administrative remedies fail or the inappropriate use continues, the court may be contacted. The court may decide to stop the inappropriate use and pay material and moral compensation. Photographs, videos, witness statements and expert reports may be used as evidence in the case.
The Role of Atty. Arb. Billur Güler Aslım Law Firm in Antalya
As Atty. Arb. Billur Güler Aslım Law Firm, we are here to protect your rights and support you in legal processes with our lawyers who are specialized in cases of unlawful use of condominiums in Antalya. Our experienced team works to conduct your cases in the most effective way and ensure that you achieve positive results. Our services include filing a lawsuit, defense of the case, mediation and settlement meetings. Do not hesitate to contact us if you need detailed information and legal support.
Conclusion
In Antalya, uses that are contrary to condominium ownership may disrupt the peace and order of common living spaces. Condominium owners who encounter such situations have the right to first try administrative means and if they cannot find a solution, they have the right to resort to legal means. As Atty. Arb. Billur Güler Aslım Law Firm, we would be happy to help you defend your rights with our expert team in condominium cases in Antalya. Knowing the complexity and difficulties of legal processes, we will work to find the most suitable solution for you. Please contact us for your questions and needs.