The subject of THE CONDOMINIUM OWNERSHIP LAW AND CONDOMINIUM EASEMENT will be examined under the Condominium Ownership Law.
Independent ownership rights can be established by the owner or co-owners of a real estate or its parts such as apartments, offices, shops, stores, cellars, and warehouses, which are separately and individually suitable for use, according to the Condominium Ownership Law. Easement rights can be established by the owner of the land or co-owners of the land, according to the provisions of the Condominium Ownership Law, for the parts of a building that are or will be suitable for separate and individual use, to serve as the basis for condominium ownership to be transferred after the completion of the building or to be built in the future.
In this article, the provisions of the Condominium Ownership Law regarding condominium ownership and condominium easement will be discussed and examined, and their differences will also be mentioned.
What is the Condominium Easement
Condominium easement is defined as the easement right established according to the provisions of the Condominium Ownership Law by the owner or co-owners of a land for the independent parts of one or more buildings to be built or being built on the land, to serve as the basis for condominium ownership in the future. The owners of the condominium easement are also called condominium easement owners according to the same Law.
What is the Condominium Ownership
According to the Condominium Ownership Law, the ownership right established on independent parts is called condominium ownership. Those who have this right are called Condominium Owners according to the same Law.
What are the Differences Between Condominium Ownership and Condominium Easement
Condominium ownership is a special ownership related to the land share and common places in the main real estate. Condominium ownership and condominium easement are established by clearly showing the values calculated according to the location and sizes of each independent part of the main real estate and the allocated land share in the project, in proportion to the common ownership principles. Condominium easement is a type of easement related to the land share, and according to the conditions specified in the Condominium Ownership Law, it is automatically converted to condominium ownership based on the building permit to be issued for the entire structure. However, this process can only be carried out upon the request of the landowner or one of the co-owners who have the condominium easement.
The connection between independent parts and land share is regulated in Article 5 of the Condominium Ownership Law. According to this, when condominium ownership is transferred to another person or by inheritance, the land share attached to it also passes together. The land share cannot be transferred separately from condominium ownership or condominium easement, nor can it be inherited or recorded with another right. The transfer, pledge, and inheritance of condominium easement are possible. Condominium easement can also be subject to a sales promise. In addition, in the main real estate, land shares that are not attached to condominium ownership or for which condominium easement has not been established cannot be left. Thus, if condominium ownership or condominium easement is established, all shares must be subject to condominium ownership or condominium easement together, and no share can be left out. Furthermore, easements that are incompatible with this right cannot be established on the land subject to condominium easement.
Independent parts subject to condominium ownership or condominium easement now give the right holder the ability to act independently. All shareholders in the main real estate are not in a common position. Each of them has the right to dispose of their independent part. Therefore, the dissolution of the common ownership cannot be requested in real estate subject to condominium ownership or condominium easement. Independent parts can be the subject of a lawsuit and enforcement as an independent real estate, and the dissolution of the common ownership can be requested in these cases.
If one of the independent parts of a real estate with condominium ownership or the land share attached to the condominium easement is sold, other condominium owners or easement holders do not have a right of first refusal. In other words, there is no right of preemption when an independent part subject to condominium ownership is sold. However, if one of the shareholders of an independent part sells their share to someone else, the other shareholders can use their right of first refusal. Here, the difference that constitutes the right of first refusal is that only the shareholders of a single independent part have the right of first refusal for that independent part.
Establishment of Condominium Ownership and Condominium Easement
According to Article 10 of the Condominium Ownership Law, condominium ownership and condominium easement arise with an official deed and registration in the land registry. Condominium ownership and condominium easement are registered in the condominium ownership register to be kept in accordance with the Land Registry Regulations.
Rights of Condominium Owners and Condominium Easement Holders
Rights of Condominium Owners:
Condominium owners have all the rights and authorities granted to owners by the Civil Code, subject to the relevant provisions of the Condominium Ownership Law. Article 683 of the Turkish Civil Code regulates the content of the ownership right. According to this, the person who owns something has the right to use, benefit from, and dispose of it as they wish within the limits of the legal order. The owner can file an action for possession against anyone who wrongfully holds their property, and can also file a lawsuit to prevent any kind of wrongful dispossession. Condominium owners also have the right to use, benefit from, and dispose of their independent parts within the limits of the legal order.
Rights of Condominium Easement Holders:
Condominium easement holders have the right to request and sue for the completion of the construction of the building to be built on the common land, according to the contract and plan, within the specified period, and to ensure that their obligations are fulfilled, and to facilitate the construction work in accordance with the principles of honesty, and the Civil Code, with the relevant provisions of the Civil Code, and the Civil Code.
According to Article 17 of the Condominium Ownership Law, in real estate where condominium easement is established, if the construction is completed and two-thirds of the independent parts are put into use, even if condominium ownership has not been transferred, the provisions of condominium ownership are applied in the management of the main real estate.
Debts of Condominium Owners and Condominium Easement Holders:
Debts of Condominium Owners:
Condominium owners are obliged to comply with the principles of honesty when using their independent parts, attachments, and common places, especially not to disturb each other, not to infringe on each other’s rights, and to comply with the provisions of the management plan. A similar obligation is regulated in Article 737 of the Turkish Civil Code regarding neighbor law. According to this provision, everyone is obliged to avoid causing nuisance to their neighbors by using the ownership rights derived from real estate and especially by carrying out business activities. In particular, it is prohibited to cause nuisance by emitting excess smoke, steam, soot, dust, odor, noise, or vibration, which can be tolerated among neighbors according to the condition, nature, and local customs of the real estate.
Condominium owners are obliged to maintain the main real estate and its architectural condition, beauty, and solidity with care. Each condominium owner is responsible for the damage caused to the main real estate and other independent parts due to the negligence of the duty to maintain their independent part and attachments. In addition, if one of the independent parts is damaged, it is the responsibility of the owner of that part to repair it. If the person who causes the damage does not repair it within the reasonable period, the others can apply to the court for the necessary repair or ask for the amount required for the repair.
Debts of Condominium Easement Holders:
Condominium easement holders are obliged to comply with the principles of honesty when using the main real estate, especially not to disturb each other, not to infringe on each other’s rights, and to comply with the provisions of the management plan. Condominium easement holders are also obliged to contribute to the expenses necessary for the preservation, maintenance, and repair of the main real estate in proportion to the size of their share.
Condominium easement holders are also obliged to contribute to the expenses necessary for the preservation, maintenance, and repair of the main real estate in proportion to the size of their share. If a condominium easement holder fails to fulfill their obligation to contribute to these expenses, the other condominium easement holders or the condominium owners may request the court to order the necessary measures or to collect the amount required for the expenses from the defaulting condominium easement holder.
Management of Condominium Ownership and Condominium Easement
Management of Condominium Ownership:
According to Article 20 of the Condominium Ownership Law, the management of the main real estate is carried out by a management committee, which is composed of condominium owners or their representatives. The management committee manages the main real estate, takes the necessary measures for the maintenance and repair of the common places and installations, and ensures the cleanliness and safety of the main real estate.
Management of Condominium Easement:
According to Article 21 of the Condominium Ownership Law, the management of the main real estate where condominium easement is established is carried out by a management committee, which is composed of the owners of the independent parts or their representatives. The management committee manages the main real estate, takes the necessary measures for the maintenance and repair of the common places and installations, and ensures the cleanliness and safety of the main real estate.
The management committee also represents the condominium easement holders in matters related to the main real estate. The decisions of the management committee are binding on all condominium easement holders.
Termination of Condominium Ownership and Condominium Easement
Termination of Condominium Ownership:
Condominium ownership is terminated by the destruction of the main real estate or by the merger of all independent parts into one ownership. Condominium ownership can also be terminated by a court decision if it becomes impossible to achieve the purpose for which it was established.
Termination of Condominium Easement:
Condominium easement is terminated by the destruction of the main real estate or by the merger of all independent parts into one ownership. Condominium easement can also be terminated by a court decision if it becomes impossible to achieve the purpose for which it was established.
In conclusion, condominium ownership and condominium easement are important concepts in Turkish real estate law. They provide a legal framework for the ownership and use of independent parts of a building and the common areas and installations of the building. Understanding the differences between condominium ownership and condominium easement is essential for anyone involved in real estate transactions in Turkey.
If you have any question about incomplete and defective work in construction law, it would be beneficial for you to seek the assistance of a İzmir Turkish lawyer experienced in the field of construction law in order to reach remedies available to you.
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