Your neighbor builds a storage shed in the shared garden. The building manager restricts the use of the elevator to certain hours. Another owner prevents access to the rooftop. Which of these actions are lawful?
The Turkish Condominium Ownership Law (Law No. 634) clearly regulates the use of common areas and defines the limits of individual rights within apartment buildings and residential complexes. Understanding these rules is essential for protecting your property rights and resolving disputes effectively.
What Is a Common Area?
Article 4 of the Turkish Condominium Ownership Law defines common areas as the parts of a property that are allocated for the shared use of all property owners and are not included within individual units.
Common areas typically include:
- Entrance halls, corridors, and stairways
- Elevators and elevator shafts
- Roofs and terraces
- Gardens and courtyards
- Basements and shelters
- Parking areas (unless specifically allocated)
- Water tanks, boiler rooms, and electrical systems
- Janitor’s apartment or service areas
Every property owner has the right to benefit from these areas, provided that they do not interfere with the rights of other owners.
What Is Not Allowed in Common Areas?
Article 19 of the Condominium Ownership Law provides that property owners may not make permanent alterations to common areas without obtaining the necessary consent from the other owners.
Unauthorized Occupation of Common Areas
Common violations include:
- Fencing off part of the shared garden
- Leaving personal belongings in corridors
- Using the elevator lobby as a storage area
Such actions may violate the rights of the other owners and can be challenged through legal means.
Structural Alterations
Certain modifications require a qualified majority approval from the property owners, including:
- Installing antennas or outdoor air-conditioning units on the roof
- Altering the building façade
- Removing or modifying common walls in the basement
Commercial Use of Common Areas
Converting common areas into a source of income—such as renting out parking spaces or rooftop advertising areas—generally requires a decision by the condominium owners’ assembly. A single owner or the building manager cannot make such decisions unilaterally.
Who Pays for Common Area Expenses?
Under Article 20 of the Condominium Ownership Law, maintenance, repair, and operating expenses for common areas are generally shared equally among the property owners, unless the management plan provides otherwise.
An important point to remember is that the legal responsibility for these expenses belongs to the property owner. Even if a tenant is expected to pay under the lease agreement, the owner remains legally liable toward the condominium management.
Parking Space Disputes
Parking rights are among the most common sources of disagreement in apartment buildings.
Allocated Parking Spaces
If parking spaces have been specifically assigned to individual units through the management plan or a valid condominium decision, those spaces belong to the designated users. Unauthorized use by others may constitute a legal violation.
Shared Parking Areas
Where no allocation exists, all property owners generally have equal rights to use the common parking area. If one owner monopolizes the space or prevents others from using it, the manager or other owners may take legal action.
Roof and Terrace Rights
Under the Condominium Ownership Law, the roof is generally considered a common area unless it has been specifically allocated to a particular unit by the management plan or condominium agreement.
Residents of top-floor or terrace apartments may not treat the entire roof as their private property if doing so restricts the rights of other owners.
The installation of solar panels, antennas, or storage structures on the roof usually requires a valid decision by the condominium owners.
Responsibilities of the Building Manager
Article 35 of the Condominium Ownership Law outlines the duties of the building manager with respect to common areas.
These responsibilities include:
- Maintaining and repairing common facilities
- Identifying unauthorized use of common areas
- Implementing decisions adopted by the condominium owners
- Keeping financial records and accounting for common area expenses
If the manager fails to perform these duties, the condominium owners may remove the manager from office and, where appropriate, seek compensation.
Legal Remedies in Case of a Dispute
f your rights regarding a common area are being violated, the following steps may be considered.
1. Submit a Written Notice
Notify the building manager of the violation in writing. Emails and electronic messages may serve as evidence, although a notarized notice generally provides stronger legal protection.
2. Bring the Matter Before the Condominium Owners’ Assembly
If the manager fails to act, request that the issue be placed on the agenda of the owners’ meeting. Decisions adopted by the assembly are binding.
3. Apply to the Civil Court of Peace
If the dispute cannot be resolved internally, a lawsuit may be filed seeking the restoration of the original condition and, where appropriate, compensation for damages.
4. Request Interim Injunctive Relief
If the violation is causing or may cause irreparable harm, the court may be asked to issue a temporary injunction to prevent the unlawful conduct from continuing during the proceedings.
What If You Live Abroad?
Property owners living outside Türkiye can authorize a lawyer through a power of attorney to handle all legal procedures on their behalf.
A legal representative may attend condominium meetings, vote in accordance with the owner’s instructions, and pursue judicial remedies without requiring the owner to travel to Türkiye.
Conclusion
The fundamental principle governing common areas is straightforward: no property owner may exclusively occupy, alter, or restrict the use of a common area without the legal consent required by law.
If your rights are violated, you may seek protection through written notifications, condominium owners’ resolutions, and judicial proceedings. When the process is managed correctly, it is possible not only to end the unlawful conduct but also to recover any damages that have been suffered.