Rights and Obligations Arising from Neighborhood Law, Unauthorized Alterations to Common Areas

Rights and Obligations Arising from Neighborhood Law

In condominium buildings, "neighborhood" is not merely about living in adjacent or one-to-one apartments, but also a legal status requiring respect for each other's property rights. Article 737 of the Turkish Civil Code and Article 18 of the Condominium Law define the limits of neighbors' obligations towards each other. A condominium owner is obligated not to disturb other owners or infringe upon their rights while using their own property.

Article 18 of the Condominium Law: "The Rule of Truth"

Article 18 of the Condominium Law mandates that condominium owners treat each other according to "principles of fairness." This is a very broad principle. Accordingly:

• Apartment owners should refrain from behaviors that disturb other apartment owners (excessive noise, odor, smoke, vibration, etc.) while using their independent units.
• Actions that would damage common areas, spoil the aesthetic appearance of the building, or restrict the right of other owners to use common areas should be avoided.

The "Tolerance Limit" in Neighborhood Law

In neighborhood law, not all noise or odors are considered "illegal." There are "ordinary neighborhood limits" in the law. For example, the sound of a baby crying, the sound of a vacuum cleaner at normal hours, or everyday kitchen smells are ordinary occurrences that neighbors must tolerate. However, listening to loud music at midnight, conducting a workshop in one's apartment that constantly emits strong odors, or leaving garbage in common areas are "illegal" interventions that exceed these tolerance limits.

What should be done in case of a dispute?

If your neighbor's behavior violates Article 18 of the Condominium Law, here's what to do:

1. Verbal/Written Warning: First, the neighbor should be politely warned, and if possible, a formal notice should be issued through the building management.
2. Management Intervention: If the problem persists, the manager should be contacted. Based on general assembly decisions and the Condominium Law, the manager can initiate the necessary procedures (warning letter or legal action) to resolve the issue.
3. Judicial Intervention: If the dispute cannot be resolved, an application can be made to the Civil Court of Peace to request "removal of the disturbance" or "cessation of the unlawful conduct."

Foreign Owners and Cultural Differences

Especially in residential complexes in Türkiye where foreign and local neighbors live together, differences in cultural customs can sometimes lead to misunderstandings. The Condominium Law focuses not on cultural differences, but on "legal standards." The law binds everyone to the same "neighborly duty," regardless of their nationality. Foreign homeowners or tenants should be aware that the law of neighborliness in Türkiye is based on the principle of "silence and mutual respect," which can prevent potential tensions.

Neighborhood law is a building's "peace index." Personal freedom must be balanced with the peace of others. When this balance is disrupted, the law intervenes, reminding us of the principle that "my rights end where the rights of others begin.".

Prohibition of Unauthorized Alterations and Interference in Common Areas

In condominium buildings, common areas (gardens, exterior facades, roofs, stairwells, parking lots) are jointly owned by all condominium owners in proportion to their land shares. According to the Condominium Law, it is strictly prohibited for one condominium owner to interfere with these areas without the consent of the other owners. Justifications such as "it's the area in front of my property" or "access to the roof belongs to me" are legally invalid.

What is a common area and what are its boundaries?

Article 4 of the Condominium Law defines common areas. The basic rule is: any area not registered as an independent unit in the land registry or not exclusively allocated to a single independent unit is a common area.

• For example: enclosing balconies (as it alters the building's exterior), constructing unauthorized extensions in the garden, placing shoe racks or cabinets in a common hallway, or making the roof accessible only to the owner of the upper floor are all interventions that violate the Condominium Law.

Case for Prevention of Intervention (Ending the Attack)

When an alteration to a common area is detected (for example, your neighbor constructing an unauthorized structure in a common area), the other apartment owners "Prevention of Interference (or Restoration to Original State)" .

• Jurisdiction: A decision by the homeowners' association is not required for this lawsuit. Each homeowner can individually file this lawsuit and request the preservation of the building's overall appearance or common areas.
• Restoration to Original State: If the court rules that the interference is unlawful, it will order the restoration of the common area to its state before the interference (in accordance with the project). All costs (demolition and repair costs) will be borne by the owner who carried out the interference.

Project Violations and Zoning Regulations

Interventions in common areas concern not only the Condominium Law but also the Zoning Law. A structure not included in the building's architectural plan (for example, an enclosed balcony or an illegal construction) carries a risk of demolition by the municipality and also reduces the building's value. When a foreign investor encounters such an "architectural irregularity" in a building they are purchasing, they should have the situation assessed beforehand to avoid future legal burdens (demolition costs, etc.).

Exceptional Circumstances: 4/5 Majority Rule

For beneficial renovations in common areas (e.g., insulation, adding an elevator, installing solar panels), the written consent of four-fifths (4/5) of the apartment owners is required. This is not an unauthorized intervention, but a legal process. If this majority is obtained, it is no longer an intervention in the common area, but rather a "decision-making management" and it is difficult to oppose it.

Strategy from the Perspective of Neighborhood Law

Interference with common areas is a major factor damaging neighborly relations in a building. In disputes between foreign owners and neighbors who say, "It's my place, I can do what I want," the most effective method is to first inform the management and then demand rectification with a formal notice. A legal process (a lawsuit to prevent interference) usually forces the owner to back down because losing such cases results in very high court costs and restoration expenses.

Common areas are the heart of a building. Interference with these areas is essentially an attack on the building as a whole. The law protects buildings that adhere to their original design and safeguards the architectural integrity of the building through "restoration" sanctions against those who make unauthorized alterations.

 Noise, Odor, and Annoying Behavior

In condominium buildings, one of the most frequent areas where neighborhood law is tested is the disturbance caused by activities carried out in independent units (apartments). Noise pollution, strong odors emanating from the building, or activities that disrupt the general peace of the building constitute a violation of the obligation to "not disturb each other and to abide by the rules of fairness" as stipulated in Article 18 of the Condominium Law (KMK).

Noise and Insulation Obligation

Every homeowner is obligated to avoid disturbing others while using their independent unit. However, this does not mean "no sound should come from the apartment." In law, noise is divided into two categories: "ordinary" and "extraordinary."

• Normal Noise: This refers to noises from daily life in the home (footsteps, kitchen appliances, etc.) that are considered normal.
• Unusual Noise: Listening to loud music late at night, drilling or machinery noises resulting from commercial/industrial activity in the home, shouting, and similar behaviors are contrary to neighborhood law.
• Soundproofing: If a neighbor uses their apartment in a way that generates significant noise, such as a music studio or play area, they are obligated to install soundproofing. If the lack of soundproofing causes disturbance to neighbors, this constitutes legal liability.

Odor and Environmental Pollution

Strong odors or smoke, especially in apartments where commercial activities are carried out (e.g., home-based food production, workshops), directly impede the right of other owners to use their properties. If such odors permeate other apartments through ventilation shafts or shared plumbing, this is considered an "unbearable situation." In such cases, courts order the cessation of the activity or the implementation of necessary ventilation measures.

Legal Sanction: Eviction Request (Article 25 of the Condominium Law)

If a neighbor persists in their disruptive behavior (noise, odor, disturbing the peace) despite all warnings and administrative fines, Article 25 of the Condominium Law provides for a very radical sanction: "Obligation to Transfer Condominium Ownership." According to this article, the transfer of ownership rights of a condominium owner whose behavior has become unbearable can be requested by the unanimous (or qualified majority) consent of the other owners. In other words, the court can order that owner to sell their apartment and leave the building. This is the most severe sanction under Turkish law regarding neighborly conduct.

Foreign Property Owners and the Search for a Solution

Foreign homeowners or tenants may not realize that behavior considered “normal” in their own culture (for example, hosting friends loudly or cooking strongly scented food) could cause discomfort in Turkish apartment buildings. In such cases:

• Communication: Instead of escalating the issue into a direct confrontation, the "apartment rules" should be reminded through the building manager or with a polite note.
• Recording: The frequency and content of the disruptive behavior should be noted.
• Formal Notice: If the problem persists, a "letter of warning" sent through a law firm is the most effective way to explain the seriousness of the situation and its legal consequences (risk of compensation or eviction) to the other party.

Neighborhood is a mutual contract of “patience and respect.” The legal system is designed to protect the peace of the building against parties who do not abide by this contract. While no one has the right to live freely in their own home, no one has the freedom to disturb the peace of their neighbor.

 Interventions in Common Areas: Balcony Enclosure and Facade Aesthetics

In condominium buildings, the "exterior facade" is part of the architectural project and is subject to the approval of the homeowners' association or the building manager to preserve the aesthetic integrity of the building. Today, issues such as balcony enclosures, air conditioning unit installations, or exterior painting are among the most common legal disputes that strain neighborly relations.

Adherence to the Architectural Project

Article 19 of the Condominium Law regulates the obligation of condominium owners to "adhere to the architectural project." Accordingly, no condominium owner can make any alteration that would disrupt the architectural integrity of the main property. Even enclosing a balcony with glass can be legally considered "interference with architectural design" because it affects the building's exterior.

• Exception: If a decision is made at the homeowners' association meeting "all balconies in the block can be enclosed with the same brand and model of glass," this is no longer an intervention, but rather the implementation of the decision. However, a homeowner who installs a glass balcony of a different color or type only for their own apartment may be complained about by the other homeowners.

Air Conditioner Outdoor Units and Aesthetics

The placement of the air conditioner's outdoor unit should not detract from the building's exterior aesthetics or cause disturbance to the downstairs neighbor through dripping water. If the management plan includes a rule regarding the mounting location of the outdoor units, this rule must be followed. If there is no rule, any intervention in the common area (exterior facade) may be considered an "unlawful intervention".

Preservation of Facade Aesthetics

The exterior color of a building, the color of window frames, or balcony railings are all part of the architectural project. If an owner has their own apartment windows made in a different color/design, other owners may file a "restoration" lawsuit on the grounds that it detracts from the overall aesthetics of the building. This is a strict rule frequently applied, especially in luxury residential areas, to protect property value.

"Renovation Guide" for Foreign Owners

Foreign property owners who buy property in Turkey may often assume that the "freedom to enclose balconies or make renovations" that exists in their own countries also applies in Turkey. However, in Turkey, the architectural project is paramount. Before undertaking any renovations:

1. Review the Management Plan: Are there any general rules regarding renovations?
2. Obtain permission from the manager: Does the planned work affect the exterior facade?
3. Inquire about the General Assembly's decision: Was there a previous decision regarding a "uniform application" for the building?

What should be done if intervention has occurred?

If a neighbor has illegally enclosed their balcony or altered the exterior of the building in violation of the project plans, other apartment owners can contact the building manager to request that the situation be rectified. The manager will demand that the alteration be brought into compliance with the project plans; otherwise, legal proceedings (prevention of alteration and restoration to original state) will be initiated. It should be remembered that any action contrary to the architectural project carries the risk of being recorded as an "illegal structure" in the building's municipal files.

Aesthetic integrity determines not only the appearance of a building but also its long-term value. The law aims to preserve the building in its original form; therefore, any change to the exterior requires a collective will.

 Litigation Processes and Proof in Neighborhood Law Disputes

Neighborhood law disputes are among the most frequent "vital" cases brought before the courts. These disputes, ranging from noise and odor to unauthorized construction and occupation of common areas, require a strong mechanism of proof. Cases filed under the Condominium Law are subject to a simplified trial procedure, aiming for a swift resolution, but require extremely meticulous proof.

Burden of Proof in Lawsuits: “Photographs, Videos, and Witness Testimony”

If you claim that a neighbor is interfering with a common area or making noise, you must support this claim with concrete evidence.

• Declaratory Judgment Action (Code of Civil Procedure, Article 400): Before filing a lawsuit, a "determination of evidence" may be requested from the court. An expert appointed by the court conducts an on-site examination and reports on the interference or the source of the noise. This report constitutes "conclusive evidence" during the litigation phase.
• Video and Photos: Recent photographs are the strongest evidence of encroachments on shared spaces (cabinets placed in front of doors, illegal constructions).
• Witness testimony: In temporary situations such as noise or odor, the testimony of other property owners residing in the same building plays a critical role in forming a court opinion.
• Records: "Warning records" or "complaint records" kept by the administration are important for proving the continuity of the illegality.

The Court's Perspective

When a civil court judge examines a dispute, they seek answers to these two questions:

1. Does the defendant's action violate the architectural project or management plan? (Written document/project review)
2. Does this action actually restrict the plaintiff's right of use? (Expert report/on-site inspection)

If a project violation is detected, the judge will not hesitate to order "restoration to its original state." However, in cases involving personal disturbances such as noise/odor, the judge will examine whether "ordinary neighborhood boundaries have been exceeded.".

Legal Assistance for Foreign Property Owners

As a foreign property owner, your lack of familiarity with court terminology and legal procedures in a neighborly dispute can lead to you being unfairly disadvantaged even when you are in the right. During this process:

• Interpreter and Expert Witness: Obtaining the support of an interpreter and expert witness in the court process is essential for the accuracy of the proceedings.
• Legal Notice: Before filing a lawsuit, sending notices to the opposing party through a law firm often resolves the issue without the need for litigation.

Process Management

Neighborhood law lawsuits are a tool for protecting your property rights and ensuring your peace of mind. The litigation process generally follows this:

1. Filing of the lawsuit.
2. Expert examination (determination).
3. Presentation of arguments and evidence by the parties.
4. The court's decision (prohibition of interference or compensation).

Remember that lawsuits filed under neighborhood law are not just about "compensation," but about "the order of living." The court's decision determines the legal hierarchy and boundaries within the building.