CONDOMINIUM LAWSUITS
Condominium Ownership Law No. 634 (KMK) consists of sections such as General Provisions, Establishment of Condominium Ownership and Floor Easement, Rights of Floor Owners and Floor Easement Owners, Debts of Floor Owners and Floor Easement Owners, Management of the Main Residence, Termination of Condominium Ownership and Floor Easement, Final Provisions, Timeshare Right, Special Provisions Related to Collective Structures.
Cases related to the Condominium Ownership Law No. 634 are referred to in practice as cases arising from condominium ownership.
Lawsuits Related to the Collection of the Joint Expense Receivable of the Site Established on More Than One Island and Parcel
22 Of the Law No. 5711.according to Article 66 of the Condominium Ownership Act. in accordance with the Special Provisions regarding Collective Buildings regulated in the articles and its continuation, if the collective building management has not yet been initiated on the site, the general provisions, not the provisions of the Condominium Ownership Law, should be applied in the dispute.
All independent departments are exempt from the expenses of the fixed Condominium Property Act 20.in accordance with the article, he should be held responsible in the proportion of land share Dec.
Paying Decrees, for example, in case the defendant owns more than one independent section in different blocks on the site subject to the lawsuit, he/she will have to be held responsible in proportion to the share of the land due to the common expense debt paid by the plaintiff.
Paying paying the common expense debt against the floor owner, the floor owner has the right to sue the other floor owners for not paying the common expense debt.
For this reason, the following issues should be investigated by the court in the trial to be held:
1)Decisions of the board of floor owners, where the dues subject to the lawsuit are determined, should be brought.
2) Information and documents related to payments should be brought.
3)All the evidence submitted by the parties should be collected.
4)After all the evidence has been collected, an expert examination should be carried out.
5) At the end of the trial, the amount that the defendants are responsible for and have not paid should be determined.