PETITION FOR INTERFERENCE WITH A COMMON AREA

Petition for Interference in Common Area

TO THE JUDGE OF THE ISTANBUL CIVIL COURT OF PEACE;

PLAINTIFF: MA (TC)

address

REPRESENTATIVE:Attorney Adalet KAZANIR
Address:

DEFENDANT: A.Ç. (Turkish Republic)
Address:

 

SUBJECT OF THE LAWSUIT:
lawsuit concerns the main property named "SAFA Apartment," located on plot number ..., block number ..., in the ... district of ... province, where the parties are co-owners; our request is to prevent the defendant's interference with the common areas, namely the shelter and stairwell landing, to prevent the defendant's encroachment, and to restore the common areas to their original state .

 

EXPLANATIONS:

The property in question in … province, … district, … neighborhood, … block, … parcel number, and subject to condominium ownership.

The plaintiff is the owner of independent unit number ... in the property in question , while the defendant is the owner of independent unit number ... The title deed and management plan for the main property are submitted as an attachment to the petition.

The defendant, A.Ç., has been using a portion of the main building's shelter area as if it were his own apartment for a long time , creating a locked storage area by constructing a partition wall; he has also placed numerous personal belongings, boxes, and materials inside the shelter .

Furthermore, the defendant significantly narrowed the common stairwell landing on the same floor as their apartment by placing large shoe racks, plastic cabinets, cardboard boxes, and various other items there . This situation hinders safe evacuation in emergencies such as fire or earthquake, and also prevents other apartment owners from freely using the common area.

The defendant has not obtained any decision from the homeowners' association regarding this use , and there is no provision for allocating common areas to him in the management plan. Using common areas as personal storage/additional rooms is a clear violation of the law .

The plaintiff and other homeowners' association warned the defendant. At the homeowners' association meeting on ../../20.., the defendant's occupation of common areas was discussed , and a majority vote was taken to immediately vacate the common areas and bring them into compliance with regulations . Despite this, the defendant did not comply with the homeowners' association's decision; did not remove the items from the common areas and continued to occupy them despite legal warnings.

Therefore, prevent unlawful interference with common areas, to stop the seizure, and to restore the common areas to their original state .

LEGAL GROUNDS: Code (KMK),Turkish Civil Code (TMK), Turkish Code of Civil Procedure (HMK), and other relevant legislation.

 

EVIDENCE.:

• Condominium title deed
• Example of a management plan
• Minutes and decision of the homeowners' association meeting dated ../../20..
• Photographs and video recordings showing the current state of the common areas.
• Witness statement
• Inspection and expert examination
• All other necessary legal evidence

 

CONCLUSION and REQUEST:

For the reasons stated above and other reasons that your court may consider ex officio; I respectfully request and demand, on behalf of , that the court determine and prevent the unlawful interference and occupation of the common areas, namely the shelter and stairwell, of; that the walls, partitions, and storage structures he created in the shelter be removed, his belongings be emptied, and the shelter be brought into compliance with the management plan; that the shoe rack, boxes, etc., he placed in the stairwell be removed, making it freely accessible to all apartment owners; and that the court costs and attorney's fees be borne by the defendant.

 

Plaintiff's Attorney,
Adalet KAZANIR