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NOTICE ISSUED BY : … Apartment Building Owners' Board, on behalf of
the Manager: … (Turkish Republic Identity No: …)
Address: …
ATTORNEY : Attorney … – Address
PARTIES TO BE ADDRESSED:
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… – Address
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… – Address
SUBJECT : Our request is to end the unauthorized and illegal use of the garden, which is a common area of the apartment building, and to bring the property into compliance with the current management plan.
EXPLANATIONS
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The homeowners' association of the client apartment building, in its extraordinary meeting dated …/…/… , unanimously decided to revoke Articles 43 and 44 of the previous management plan, and this change was registered in the land registry on …/…/….
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Prior to the amendment, special use area arrangements that provided advantages to certain independent units are now legally invalid. In the current management plan, the apartment building's garden a common area , and no unit owner or tenant is granted exclusive use rights.
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However, despite this, the garden area in front of the independent unit you are renting is being occupied clearly and unlawfully. Actions such as enclosing this area, placing furniture, and making private arrangements constitute a violation of the right to common use.
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According to Articles 16 and 18 of the Condominium Law, unauthorized and privileged use of common areas constitutes a tort . This not only leads to avoidance of common expenses but also violates the equal usage rights of other owners.
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It should be clearly stated that if the arbitrary and unilateral use described above continues, the client apartment management will pursue all legal avenues before the Civil Court of Peace, including injunctions against interference, compensation for unlawful occupation, and, if necessary, eviction
REQUEST
Therefore, you are required to vacate the apartment garden, remove any structures, furniture, or enclosures you have placed there, and cease all interference with the common area within 3 (three) days of receiving this notice
Otherwise, without any further notification, legal action will be taken and you will be held liable for all legal fees and expenses .
Dear Notary, we hereby request and demand, on behalf of our client, that a copy of this notice be served to the recipients, that a copy be kept in your office, and that a copy bearing the service endorsement be given to us. … / … / …
ISSUING THE WARNING BY ATTORNEY
Attorney …
Signature
YAĞMUR YORULMAZ, LAW FACULTY STUDENT