celtic

Member
Some Basic Questions and Answers Regarding Turkish Condominium Law
Q: In our site, one of our neighbours is feeding a dog in his individual property. My little children are annoyed and scared of this dog, furthermore, we are getting disturbed by its barking at nights as whole family. What can we do?


A:
Every individual owner has to show respect towards other owners, their private lives and comfort. In view of this aspect, a loudly barking and dangerous pet can't be fed in a site(unless there's a provision in the management plan for approving this). You can file a case against your neighbour to stop him feeding animal.

Q: We have a problematic neighbour who's always making noise in the site. We warned him for numerous times and finally filed a case to stop him. But he's still disturbing us with his noise as ignoring the court decision, what can we do?

A: No one has a luxury to ignore a court decision. If he keeps making noise despite the verdict, you can complain him to the local court to inflict him a fine as filing a case once again. Nevertheless, if he asserts making noise and disturbing the other owners, you can lodge to the court for the 3rd and the last time for confiscating his property in return of its market value and evacuate him from the site.

Q: One of the individual properties in our site is used as a tailor shop by its owner. Lot of people are entering our site everyday and we are feeling annoyed of this. What can we do?

A: A condominium property can't be used as a workplace unless the contrary was stated in the management plan or agreed with the majority in the assembly.

Q: One of the individual properties in our site is stated as disco both in the main project and the management plan. However, we are getting disturbed of its noise and smoke. Can we do anything against the disco although it's approved in the project and the plan?

A: All individual owners have to abide by "showing respect" rule in the site towards other owners. If you are complaining about an intensive noise and smoke, you can lodge to the court for stopping or restricting the owner of the disco. It may be approved to be used as a disco in the plan and the project but this doesn't legitimize disturbing other owners.

Q: One of our neighbours distempered his balconies with a different colour than the original colour of our block. This makes our site look terrible and we are indisposed of this as the rest of the owners. What can we do?

A: No one can change the colour or architectural shape of the main block on his/her own without getting the approval of other owners. If he/she does this without taking the approval in the general assembly, other owners may start action against him/her to stop and reassemble the building like how it was before.

Q: The owners of the properties in the 1st floor rejects to participate the elevator's charges/expenditures as claiming that they are not using it. Is it legal, if not, what can we do?

A: It's specifically stipulated in the law 634 that every individual owner has to participate the common maintenance and the charges in the sites. Elevator is considered a common instrument of the site and no one can reject participating the charges to operate or repair it, no matter on which floor he/she is residing.

To be continued...
 
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