BİLGİLENDİRME-32

NUMBER: 2021/258 Ankara, 11/06/2021
INFORMATION: 32
SUBJECT: Regarding the Use of Gardens in Row House Blocks

Dear Block Manager,

As is known, our site consists of a total of 72 blocks referred to as “Row Houses,” 20 of which have 6 independent units and 52 of which have 8 independent units.

The garden floors of the Row House Blocks feature four duplex residences, and due to these residences having direct access to the block's garden, unlike other residences in the same block, uncertainties and disputes related to garden usage have been brought to our Management's attention. Therefore, it has become necessary to provide general information on the matter in accordance with the relevant provisions of both the Angora Houses Site Management Plan and the Condominium Law (Law).

All areas on the parcels of the Row House Blocks on our site, excluding the building footprint, are considered common areas under the Beytepe Mass Housing Area Plan Notes and the Angora Houses Site Management Plan provisions. According to the plan notes: "Subdivision within the parcel is not allowed; areas outside the building footprint, such as parks, playgrounds, green spaces, and roads, may not be used for purposes other than their designated functions, and structures such as stairs or ramps for building entrances may be constructed within the building setback area."

Common areas are defined in Article 2/b of the Law as "areas other than the independent units of the main property, serving for the protection and common use or benefit of the residents," and Article 4 of the Law lists common areas without limitation.

The provisions of the Law regarding common areas are as follows:

Article 16: Condominium owners have joint ownership rights in all common areas of the main property in proportion to their land shares. They have the right to use common areas, and the extent of this right in places such as common storage areas, garages, terraces, laundry rooms, and drying areas, unless otherwise agreed, is proportional to each owner's land share.

Article 18: Condominium owners must comply with the principles of fairness when using their independent units, attachments, and common areas, and must not disturb or violate each other's rights. They are collectively liable with tenants or users who fail to comply with these rules.

Article 19: Condominium owners must carefully maintain the main property and preserve its architectural appearance, beauty, and structural integrity. Without the written consent of four-fifths of the condominium owners, no construction, repairs, or installations may be made in common areas.

Article 42: No condominium owner may independently make changes in the common areas of the main property. Additions or renovations aimed at improving or enhancing the utility of common areas may be made only with a decision approved by a majority of the condominium owners and land shareholders.

The relevant provisions of the Management Plan are as follows:

Article 8/a: Each block is managed by the Block Condominium Owners, who address issues specific to that block and its common areas.

Article 18/c: Condominium owners must adhere to good faith rules and avoid acts contrary to the law and the Management Plan when using their independent units, attachments, and common areas.

Article 19/a: Condominium owners have the right to benefit from the common areas and facilities of their block.

Article 19/d: Owners and tenants must not engage in activities that harm the architectural appearance or disturb others in common areas.

As stated above, the gardens of the Row House Blocks are considered common areas under both the Law and the Management Plan, and unless decided otherwise by the Condominium Owners' Assembly in accordance with the required quorum, all condominium owners have the right to use the garden under the provisions of common ownership.

To prevent uncertainties and disputes regarding the use of gardens, we kindly request that this letter be shared with the condominium owners of your block.

Respectfully,

BOARD OF MANAGEMENT

Ali BALKAN
Vice Chairman

Mehmet Kemal ÜNSAL
Chairman

Üste Çık