Condominium Law and Rights for Apartment Residents in 10 Points

Condominium Law and Rights for Apartment Residents in 10 Points. Apartment or site living is expressing a system where many individuals are living together and using common areas. The continuation of this system in a healthy manner is being secured beyond neighborly relations, also with legal rules and responsibilities. The Condominium Law is determining the rights, obligations, and management processes of the people who are living in apartments and sites. However, the not knowing of these legal regulations can lead to many problems, from dues disputes to the use of common areas. In this article, the basic principles of Condominium Law, how apartment management works, the rights and common responsibilities of apartment owners are being addressed in detail.

1. What is Condominium Ownership and How is It Being Established?

Condominium ownership is a type of ownership that is being established over the independent sections (apartments, shops) of a building. In this system, every single apartment owner is owning the entirety of their own independent section, but is being a partner in the common areas within the building (stairs, elevators, roofs, garden) at the rate of the land share. For condominium ownership to be established legally, a management plan must be prepared and registered in the title deed registry.

2. The Rights and Obligations of Being an Apartment Owner

Apartment owners have both rights and obligations within the scope of condominium law. These rights and obligations are necessary for the apartment living to be continued in a regular manner.

• Rights:
  • The right to use, rent, or sell their independent section as they wish is being found.
  • The right to use and benefit from common areas is being had.
  • The right to have a say in apartment management and to elect a manager or auditor is being found.
  • The right to object to decisions related to management is being had.
• Obligations:
  • The obligation to participate in common expenses (dues) at the rate of the land share is being found.
  • The obligation not to disturb other apartment owners while using their own independent section is being found.
  • The obligation to give their consent to the maintenance and repair of common areas and to participate in common expenses is being found.
  • The obligation to comply with the management plan and the decisions of the Board of Apartment Owners is being found.

3. Apartment Management and the Legal Status of the Manager

Condominium Law and Rights for Apartment Residents in 10 Points. Apartment management is necessary for the common affairs of the apartment or site to be carried out. The management is generally being carried out by a manager who is being elected from among the apartment owners.

• The Election of the Manager: The manager must be elected by the Board of Apartment Owners. It is not a condition for the manager to be an apartment owner; a manager can also be appointed from the outside. The manager is generally being elected on an annual basis.
• The Duties and Responsibilities of the Manager:
  • The collection and management of common expenses,
  • The provision of the maintenance and repair of common areas,
  • The carrying out of legal procedures related to the apartment or site,
  • Duties such as giving an account to the Board of Apartment Owners are being found.

The manager also has legal responsibilities and must act lawfully while carrying out their duty.

4. Common Expenses (Dues) and Their Legal Consequences

Common expenses in an apartment or site are being met by all apartment owners. These expenses are including items such as the maintenance, repair, heating, lighting, and security of common areas.

• The Determination of Dues: The amount of common expenses is being determined with the decision of the Board of Apartment Owners. Apartment owners are obliged to comply with this decision.
• The Consequences of Dues Not Being Paid: Legal remedies can be applied to against the apartment owner who is not paying their dues. It is possible for enforcement proceedings to be initiated and a late payment penalty to be requested by the manager.

5. The Board of Apartment Owners and Its Decisions

The board of apartment owners is the most authorized decision-making body in an apartment or site.

• Meetings: The board is meeting at least once a year and decisions related to management (manager election, budget approval) are being made.
• The Binding Nature of Decisions: Decisions made at the board of apartment owners are also being accepted as binding for apartment owners who have not participated in the meeting or who have voted against. It is required for the decisions to be lawful.

6. The Legal Status and Use of Common Areas

Common areas are areas that are in the ownership of all apartment owners and are open to common use.

• Rules of Use: The rules related to the use of common areas are being specified in the management plan. Every apartment owner can use these areas in a way that will not disturb others.
• Unlawful Use: The unlawful use of common areas (for example, the storage of personal belongings or their use for commercial purposes) can lead to legal disputes.

7. The Management Plan: The Apartment Constitution

The management plan is the most important legal document that is determining how an apartment or a site will be managed.

• Legal Nature: The management plan is being accepted as the apartment constitution and is binding on all apartment owners.
• Content: The management plan is including subjects such as the election of the manager, the sharing of common expenses, the use of common areas, and the solution of disputes.

8. Legal Disputes and Ways of Solution

Disputes experienced in apartment management are generally being solved with legal ways. The most common types of lawsuits are:

• The Lawsuit for the Annulment of the Decision of the Board of Apartment Owners: When an apartment owner is thinking that a decision made at the board is unlawful, they can file a lawsuit for the annulment of this decision.
• The Lawsuit for the Collection of a Common Expense Receivable: A lawsuit for the collection of this receivable can be filed by the manager about the apartment owner who is not paying their dues.
• The Lawsuit for the Prevention of Intervention: In situations where an apartment owner is using a common area unlawfully, a lawsuit for the prevention of this intervention can be filed by other apartment owners.

9. The Importance of Legal Support and the Role of the Lawyer

Disputes in condominium law can contain complex legal regulations. For this reason, legal support being taken from a lawyer is of vital importance for the protection of rights and the correct management of the process. The initiation of legal processes, the preparation of petitions, and the effective defense of rights are being ensured by a lawyer.

10. The Balance of Rights and Responsibilities

Apartment living is a system where rights and responsibilities are being used in a balanced manner. Every apartment owner, in addition to owning their own independent section, is obliged to contribute to the common living and to comply with legal regulations. The Condominium Law is aiming to ensure this balance. The knowing of legal regulations is helping for neighborly relations to be continued without being damaged and for legal problems to be solved.