Article that angered tenants! Parking lot debates flared up
In buildings built according to the new regulations, there can be a parking space for each apartment, but this may not be possible in apartments and sites built in older periods.
In this case, parking lot fights start between neighbors. Some difficulties may be caused to tenants in using the parking lot.
According to the news by Sertaç Aksan from TRT News; a warning sign written by a site management at the entrance of an apartment building recently caused a debate.
According to the article, the site management had made a new decision and according to this, only 'homeowners' could park their vehicles in the parking lot within the building.
It was specifically stated that tenants should not park their vehicles in this area.
DON'T TENANTS HAVE PARKING RIGHTS?We will come to whether the warning written by the site administration has any legal binding effect, but first we need to look at how this should normally happen.
Prof. Dr. Oğuz Sadık Aydos, a faculty member at Hacı Bayram Veli University Faculty of Law, draws a basic legal framework in its simplest form and underlines that parking lots are actually defined as 'common areas' in line with the Supreme Court and scientific precedents.
Pointing to the Law on Condominium Ownership, Prof. Dr. Aydos explains that it is stipulated that all condominium owners have the right to use common areas.
When the tenant and landlord are involved, all eyes naturally turn to the 'lease agreement'.
Aydos', who says, "Since the flat owner transfers all his/her usage-related powers with the lease agreement, the tenant also has the right to use the common area," concludes his words as follows:
- Therefore, it is not legally possible for the board of directors to make a decision such as not allowing tenants to use the parking lot.
-However, perhaps the following path can be followed… The board of flat owners can make a decision on how the parking lot will be used.
-For example, it may be decided, with the consent of the relevant flat owner, that some flat owners will not benefit from the car park.
-In that case, the flat owner who waives the right to use the car park must inform the tenant of this situation at the beginning. In that case, the rent will be adjusted accordingly.
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