Have You Bought a New Apartment? What You Need to Know About Condominium and Condominium Alliances
Buying a new apartment is an exciting experience for many people. However, understanding legal concepts such as condominium and condominium alliances is very important in terms of both protecting your property rights and preventing potential problems. Here is the basic information you need to know when buying a new apartment:
1. What is Condominium Ownership?
Definition: Condominium ownership refers to the determination of independent sections (apartments, workplaces, etc.) within a building with a title deed record. This secures the property rights of each independent section owner.
Example: When you receive the title deed of your apartment, this document shows that that apartment belongs to you and that you have ownership rights.
2. What is Condominium Alliance?
Definition: Condominium alliance is an agreement made for the common use of more than one independent section built on a plot of land. This agreement regulates the management of common areas between the condominium owners.
Example: Apartment residents make joint decisions about the maintenance and security of common areas (stairs, garden, etc.).
3. Legal Framework
Law No. 634 on Condominium Ownership: This law provides the basic legal framework for the regulation of condominium ownership. It determines the rights and responsibilities between the condominium owners.
Contracts: Legal contracts to be made when forming the condominium alliance secure the rights and responsibilities of the parties. The issues to be considered in these contracts include the management method and the determination of the dues.
4. General Assembly Meetings
Meetings: Condominium owners meet in annual general assemblies to make important decisions. The decisions made in these meetings are binding on all condominium owners.
For example: Decisions can be made on the painting of the exterior of the apartment or the expenses to be made for cleaning the common areas.
5. Management of Common Areas
Common Areas: Areas used jointly by the condominium owners (garden, elevator, parking lot, etc.) are managed by the board of directors. The maintenance and security of these areas are carried out by the joint decision of the condominium owners.
For example: A joint decision to employ a security guard in the apartment.
6. Dues and Other Obligations
Due Payments: Flat owners are obliged to pay regular dues for the maintenance and repair of common areas. The dues are determined at the general assembly meetings.
Example: The amount of dues to be collected each month in the apartment building is calculated by taking into account common expenses and maintenance costs.
7. Rights and Responsibilities
Rights: Flat owners have the right to use their independent sections, use common areas and attend general assembly meetings.
Responsibilities: Flat owners must respect the rights of other owners when using common areas and make their dues payments on time.
Example: If a flat owner disturbs the peace of other owners by making noise in common areas, they may receive a warning.
8. Dispute Resolution Methods
Mediation: The mediation method can be preferred for disputes between flat owners. This method offers a faster and more cost-effective solution compared to court processes.
Court Application: In serious disputes, seeking a solution by applying to the court is also an option. In this case, it is important to get legal support.
Understanding the concepts of condominium and condominium alliance when buying a new apartment is critical to both protecting your property rights and preventing potential problems. Having legal knowledge in this process ensures healthy communication and cooperation between property owners. In case of any dispute, it will be useful to get professional legal support.
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