Unauthorized Use of Common Areas and Interventions Contrary to the Project

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SUMMARY:

In apartment buildings and housing complexes , common areas encompass spaces designated as common areas in the architectural project, as well as parts essential for the preservation/use of the building. Misuse of common areas or interventions contrary to the project (e.g., commercial use of shelters/parking lots, adding space to stairwells, altering columns/beams, enclosing balconies) are contrary to both condominium law and zoning regulations . The main avenues for redress include: lawsuits for injunction and restoration to the original state , claims for compensation/damages , municipal/council proceedings , and, if necessary, criminal investigations. Evidence includes: approved architectural projects , building permits/occupancy permits , management plans , decisions of the homeowners' association , and expert opinions/inspections . Unanimity is required in many procedures ; the distinction between "repair/maintenance" and "project modification" is crucial. Provisional measures , assessment , and implementation schedules play a critical role in the process .

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1) Conceptual Framework: What is "Common Ground"?

• Common areas are those spaces that are essential or beneficial for the apartment owners , designated as common in the project, or considered common by their nature.
• Examples: Foundation, load-bearing system (column-beam-shear wall), exterior facade, roof, elevator, staircase and stairwell, corridor, shelter, parking lot, utility rooms, power centers, outbuildings, garden, social facilities.
• The architectural design and management planare the primary reference in defining the boundaries and intended use of the common area.
• of an independent unit the common area alone , change its purpose, or add to it; permanent interventions that alter the project unanimous consent and administrative approval .

2) Typology of Violations: Most Commonly Encountered Irregularities

• Enclosing balconies/terraces , adding joinery to facades, and expanding space under the pretext of thermal insulation
• Adding an enclosed space such as a room, toilet, or storage area to the stairwell/elevator shaft
• The commercial leasing or conversion for private use of areas such as shelters, caretaker's quarters, and social facilities
• Occupying parking areas/gardens/green spaces , unauthorized alteration of plot entry and exit procedures
• Unauthorized addition of space on the roof/terrace , arbitrary relocation of water tank/air conditioning unit
• in the load-bearing system (cutting columns/beams/walls, opening windows), utility shafts .
• fire safety elements (removing fire doors, narrowing escape corridors).
• Installation of signs, billboards, and antenna/base stations in violation of the management plan
• Confusing commercial and residential use (a planned residential unit being used as a commercial space)

3) Legal Framework: Multiple Regimes Can Operate Together

1. Condominium Law (KMK):
   • Unauthorized interference with public spaces is prohibited; eviction and restoration to the original state are the basic sanctions.
   • Unlike "repair, reinforcement, and maintenance," actions involving project modifications require unanimous consent
   • utility and luxury innovations alters voting patterns; it affects the sharing of dues and financial burdens.
2. Zoning Regulations:
   • For constructions built without a permit or in violation of the permit and its annexes, the municipality applies administrative sanctions (suspension, fine, demolition )
   • Council decisions and demolition processes fall under the jurisdiction of administrative courts; annulment lawsuits and stays of execution may be initiated.
3. Neighborhood Law (Turkish Code of Obligations – Turkish Civil Code):
   • Abuse of rights , disturbance , and damages may result in compensation for those harms , as well as compensation for unlawful use of property .
4. Penal Aspect:
   • environmental pollution through illegal construction and forgery of documents may be subject to investigation and prosecution depending on the specific act.
5. Occupational Health, Safety and Fire:
   • Interventions in common areas fire escape routes can lead to separate administrative and criminal liabilities.

4) Voting Ratios and Quorum Requirements: Implementation Guide

• Ordinary repairs and maintenance : A simple majority decision by the homeowners' association is sufficient; the manager implements these decisions
• Beneficial innovation – additional facilities: Majority share increases; burden sharing becomes more differentiated.
• Project modification/change of purpose of shared space: Unanimity is the rule; additionally, project amendment and permit/approval are required.
• Amendments to the management plan : Unanimity is generally required; the management plan is the constitution of communal living.
• These distinctions determine the course of the case: In most project violations, the "I did it, so it's done" approach leads to the removal of the violation if there is no unanimity and administrative approval has not been obtained .

5) Ways to Seek Redress: Litigation and Administrative Processes

5.1. Internal Application and Warning

• Written warning : Sent to the offending party, the management , and, if necessary, the tenant . The timeframe and consequences are clearly stated
• The homeowners' association is called to an extraordinary meeting; the minutes (prohibition, restoration to previous state, granting of authority).

5.2. Municipality-Council Application

• permit violations : Police report, sealing/suspension order, council fine, and demolition decisions.
• An appeal for annulment (and suspension of execution) can be filed against administrative actions
• While enforcing the council's decision, the administration simultaneously pursues civil and/or court proceedings

5.3. Action for Prevention of Intervention and Restoration to the Original State

• Competent and authorized court: Depending on the type of dispute, it is usually the Civil Court of Peace (for matters arising from the Condominium Law) or the Civil Court of First Instance (for compensation, unjust enrichment).
• Party: The management (on behalf of the apartment owners) or any individual owner has the legal standing to sue.
• Demand: Immediate cessation of intervention, restoration to the original state (demolition/dismantling), and interim injunction.
• Time Limit: Requests for waiver and restitution ongoing torts ; they are not subject to the statute of limitations.

5.4. Unjust Enrichment and Compensation

• Compensation for unlawful use: Compensation for the wrongful use of a common area for private purposes ; generally, a five-year period is considered.
• Compensation : Items such as the difference between benefits and losses, obstruction of common use, decrease in the value of the common area , and increase in shared expenses

5.5. Criminal Procedure

• A criminal complaint will be filed with the prosecutor's office regarding unlicensed/illegal construction; furthermore, urgent measures will be taken if there are fire safety and structural hazards

5.6. Precautionary Measures – Evidence Gathering

• If construction/closure continues, a precautionary measure .
• Evidence gathering (on-site inspection, expert opinion, photography, measurement) is a quick and practical method; comparison is made with the municipal file and project.

6) Evidence and Proof: The Backbone of the Case Strategy

• Approved architectural project – permit – occupancy permit: The core set of evidence in proving deviations from the project.
• Management plan and board decisions: These determine misuse and the debate over authority and voting rights.
• Municipal/council document: Administrative determination of the violation, fine/demolition order.
• Inspection and expert assessment: Architectural comparison, structural risk analysis, volume/square meter changes, plumbing interventions.
• Visual evidence : Photo-video, drone footage (shared garden/roof), archive with timestamp
• Witness and technical staff statements: Shopkeepers, security personnel, and doormen confirm the past usage patterns.
• Electronic evidence: Entry and exit logs (parking), dues and card access records, rental agreements.

7) Distinction Between Project Modification and Repair/Improvement

• Repair-maintenance: Intervention that enhances safety without disrupting the existing system and its intended use. A majority vote is sufficient.
• Beneficial innovation: A change that provides added value, such as in terms of comfort or energy efficiency; certain majority percentages are required.
• Project modifications : Changes that alter the volume and usage characteristics , affect the boundaries of independent sections/common areas , or have aesthetic or structural consequences require unanimous consent and administrative approval
• Critical test:
  1. volume ?
  2. Does it affect the load-bearing system ?
  3. the fire escape/parking/shelter function?
  4. the facade/silhouette changing?
  5. to the management plan ?

8) Responsibility in the Tenant-Landlord-Management Triangle

• The tenant may not use the common area without permission; the perpetrator .
• The landlordalso held responsible for the tenant's actions condominium ownership ; management costs and the obligation to restore the property to its original state are borne by the landlord.
• The administrationis authorized and responsible for both maintaining internal order and handling legal and administrative applications.

9) Transfer of Ownership: Is the New Owner Responsible for the Previous Mistake?

• Requests for restoration to the original state and for cessation of the violation are of a similar nature; the new owner who acquires the property assumes responsibility for the existing violation as well
• compensation for unlawful use of property, periodic liability is separated; periodic cost of wrongful use is demanded from the actual user, and a recourse relationship can be established against the owner.

10) Fundamental Principles Adopted by the Supreme Court in Practice

• the purpose of a common area has been changed, unanimous consent and administrative approval are required; otherwise, removal and restoration to the original state are necessary.
• Modifications affecting the facade and volume, such as enclosing balconies/terraces, are considered project changes ; in most cases, a refund is issued if there is no unanimous agreement .
• of the shelter/parking lot is not acceptable; compensation for unauthorized use and restoration to the original state may be ordered together.
• Any interference with the load-bearing system is strictly prohibited as it poses safety and structural risks ; prohibition and return are unavoidable.
• The management plan contains binding provisions regarding the use of common areas ; if a provision of the plan is violated, the issue of forfeiture, restitution, and compensation for unauthorized use comes into play.
• The statute of limitations does not apply to requests for injunction in cases of ongoing violations ; however, compensation for unlawful use of property is periodic and time-limited (usually 5 years).
• for breaches committed by the tenant ; the landlord's status is sufficient for the management to take legal action.

11) Common Mistakes and Suggestions for Avoiding Them

• Notice without evidence: Issuing a notice without obtaining the project and municipal files weakens the case.
• Incorrect voting pattern: An application perceived as a beneficial innovation may actually a project modification ; a "unanimity test" should be conducted from the outset.
• Wrong court: the Civil Court of Peace .
• Lawsuit without precautionary measures : Failure to request a precautionary measure against ongoing construction .
• Everything in one heading: Combining restitution, compensation for unlawful use, and damages without a strategy; evidence and expert witness regimes are different.
• Disconnect between the judiciary and the council: Uncoordinated administrative and judicial processes; delays in the execution of decisions.
• Static/fire negligence: Avoiding asking the expert about these issues at all; strong technical grounds are required for "removal".

12) Application Scenarios (Visualization)

1. Balcony Enclosure – Facade Renovation

• Evidence: Approved project, building permit/occupancy permit, facade photographs, official record.
• Procedure: Administrative warning → Municipal complaint → Provisional injunction/return lawsuit → Expert/inspection → Restoration to original state.
• Appendix: Compensation for unauthorized use (based on square meters used and comparable rental price).

2. Converting the Parking Lot into a Warehouse

• Evidence: Parking lot drawings, municipal records, logs/data (entry-exit).
• Procedure : Council procedures + prohibition/return; emergency measures if there is a fire escape violation
• Appendix: Compensation for unauthorized use.

3. Private Use in the Shelter

• Evidence: Shelter illustration in the project, photos and videos, expert opinion.
• The process : Deportation + administrative process; deportation is strong due to lack of unanimity
• Appendix: Periodic compensation for.

4. Intervention in the Support System

• Evidence: Static expert report, urgent risk assessment.
• Course of action: precautionary measures + restoration to the original state; penalty process if necessary.

5. Implicit Allocation of the Garden

• Evidence: Management plan, project, and previous usage plan.
• Procedure: Prohibition – return; claims of "tacit consent" are countered by written consent – ​​unanimity is not accepted.

13) Principles for Calculating Unjust Enrichment and Damages

• Area (m²) x comparable rental value approach; usage type (warehouse/workplace/parking lot) multipliers.
• Periodicity: The interest commencement date, the date of the warning notice, and the date of the lawsuit are taken into consideration.
• Depreciation in value: Facade – aesthetic deterioration, loss of function in common areas; market analysis is requested from the expert.
• Shared use obstacle: Collective inconvenience (elevator, parking capacity) compensated .

14) Coordination of Administrative Process and Judicial Remedies

• The municipality's finding provides an objective basis in the case ; the council's decision is strong in terms of documenting the "violation."
• an annulment lawsuit has been filed, requests for injunction and restitution in the judicial system independently ; a preliminary issue .
• For implementation : Having a court order parallel to the demolition of the building reduces the likelihood of encountering resistance on the ground

15) Step-by-Step Implementation Schedule

1. File: Obtaining project permits, occupancy permits, management plans, and council documents.
2. Fieldwork: Photo-video, measurement, witness testimonies; evidence gathering.
3. Board: Extraordinary meeting, decision-making, and authority.
4. Warning: Time-bound, with consequences, directed to the relevant parties.
5. Municipality: Law enforcement/inspection, council, sealing-demolition.
6. Lawsuit: Prohibition of restitution + (if applicable) compensation for unlawful use of property; interim injunction is absolutely necessary.
7. Expert/Inspection: Triple report consisting of structural, fire, and architectural elements.
8. Enforcement-Execution: Restoration to original state, sharing of costs and expenses.
9. Follow-up: Increased penalties and enforcement actions in case of repeated offenses.

16) Sample Petition Framework

Note: This is a framework; customize it according to your specific case, evidence, and requests.

Subject of the Lawsuit: Prevention and restoration of unauthorized use of common areas and interference contrary to the project ; (if any) compensation for unauthorized use . Parties: Plaintiff: Site/Apartment Management (on behalf of the apartment owners) or the relevant apartment owner. Defendant: Owner/tenant/business that committed the interference. Events and Violation:

• Definition of the common area, its status within the project, current actual use, and any discrepancies.
• Violation of the management plan and project; lack of unanimous/administrative approval.
  Legal Grounds: Condominium Law, Zoning regulations, Turkish Code of Obligations – Turkish Civil Code neighborhood provisions, relevant case law principles.
  Evidence: Project – permit – occupancy permit, management plan, board decisions, municipality/council documents, site inspection – expert opinion, photos – videos, witnesses, warning notices.
  Requests:

1. The precautionary measure is to immediately halt the intervention.
2. Prohibition of intervention and restoration to the previous state .
3. Compensation for unauthorized use of property (period – m² – comparable rent),
4. Court costs – attorney's fees.

17) FAQ – Frequently Asked Questions

S1. Is balcony enclosure removed in all cases? It is generally considered a project modification due to the facade-volume effect . If there is no unanimous agreement or administrative approval, a decision to revert to the original state is highly likely

S2. Isn't a "majority" sufficient to convert the parking lot into a warehouse? Since the purpose of the common area is being changed , a majority is not sufficient; unanimity is required. In most cases, a decision is made to return the property, and compensation for unauthorized use also arises.

S3. If the private use of the shelter is tolerated, does this constitute "tacit consent"? The claim of consent is not considered valid unless it is supported by unanimous and written decision . Prohibition and restitution then become relevant.

S4. Is there a statute of limitations in injunction cases? There is no statute of limitations for injunction claims in cases of ongoing violations . However, monetary claims such as compensation for unlawful use of property are subject to time limits and periodicity

S5. The tenant did it; what is the landlord's responsibility?
In a condominium ownership relationship, the landlord for the actions of the tenant . The management can pass on the expenses and reimbursement obligations to the landlord.

S6. If the management plan is silent, what should be considered?
The approved architectural project and permit/occupancy permit attachments are decisive. The nature of the common area and of neighborhood law are applied.

S7. Would interfering with the load-bearing system be punishable? Depending on the specific act, a criminal investigation may be initiated within the scope of urban pollution and creating a hazard

S8. Why should I file a separate lawsuit for injunction and restitution when the council has already issued a demolition order?
A court decision resistance in practice , the enforcement phase, and compensation for unlawful use of property .

S9. If unanimity cannot be reached, can a “useful innovation” be implemented by majority vote? If there is a change in purpose or an increase in volume, the matter is considered a project modification , not a useful innovation ; unanimity is required.

S10. Can the manager file a lawsuit alone? They can file a lawsuit as an authorized representative on behalf of the apartment owners within the framework of the management plan/decision ; additionally, each apartment owner can also request an injunction or refund individually.

18) Technical and Expert Aspect: The Subtle Details That Determine the Decision

• Static report: Is there any interference with the column-beam-shear wall, and what is its effect on the loads?
• Architectural comparison: Project-present situation overlap and differences.
• Fire safety: Escape corridor, fire door, stairwell width, smoke exhaust.
• Mechanical-electrical installations: Shaft closure, intervention in gas, water, and electricity lines.
• Acoustics and living comfort: Noise, vibration, odor; impact on neighborhood law.
• Comparable rent and valuation: The objective basis for calculating compensation for unauthorized use of property.

19) Strategic Notes and Practical Tips

• Early detection of evidence: The pace of work is higher on construction sites; precautions and detection should not be delayed.
• Photo-video disciplined archive: Date and time stamped, periodic recordings.
• Board decision language: Specifically, outlining the authority, the steps to be taken, and the notification addresses.
• Dual-channel process : Simultaneously pursuing both administrative and judicial avenues
• Window of opportunity for compromise: In some cases of violations, project modification and unanimous agreement is considered; the opinion of engineers and architects is required.
• Cost-benefit analysis: Defining the objective of the lawsuit using parameters such as return cost, risk, and public safety.

20) Conclusion and Proposed Roadmap

Unauthorized use of common areas and interventions contrary to the project are multi-layered disputes that directly affect the condominium ownership system and urban safety . The approved architectural project-management plan-permit/occupancy permit triad, along with the established approach of the Supreme Court , points to the following course of action in most specific cases:

1. Gathering and identifying evidence,
2. Written warning + authorization by board decision ,
3. the municipality-council line,
4. Action for injunction against precautionary intervention and restoration to the previous state,
5. compensation/indemnity must be properly submitted to the file.
6. Discovery – expert opinion and clarification of technical findings,
7. Implementation-enforcement and repetition prevention management measures.

Making this guide a standard operating procedure in your apartment/building management , and repeating the same disciplined process with each new violation, will both reduce the cost of disputes and increase the success rate of judicial proceedings.