The use of common areas is a frequent source of disputes in buildings governed by Türkiye’s Condominium Ownership Law. Stairwells, lifts, roofs, façades, gardens and certain parking areas may constitute common property, depending on the project and management plan.
An individual unit owner may not appropriate or alter a common area unilaterally. Leaving personal belongings in stairwells, obstructing entrances or converting a shared garden into an exclusive-use area may infringe the rights of other owners and may also raise safety concerns.
Parking arrangements require close review of the approved project, the land-register records, the management plan and valid resolutions of the owners’ assembly. Where spaces have not been allocated for exclusive use, arbitrary occupation may give rise to a dispute.
Unauthorised structural or visual alterations to common property may be challenged. Depending on the circumstances, removal of the alteration and restoration to the former condition may be requested.
The building management may first be asked to record and address the issue. If the dispute cannot be resolved internally, an application to the competent court may be considered. Photographs, management records, notices, plans and owners’ assembly resolutions may be relevant evidence.
The correct remedy depends on the legal status of the area and the nature of the interference. Early review of the governing documents can help avoid an incorrect procedural route.