26.02.2025 08:30
Recently, a notice posted at the entrance of a residential complex sparked discussions. The sign stating, "According to the decision made by the site management, tenants are not allowed to park vehicles in the parking lot," ignited debates. Legal experts stated that if a property owner waives their parking rights and informs their tenant at the outset, such a decision regarding tenants could be made.
According to the new regulations, a parking space can be allocated for each apartment in newly constructed buildings. However, since this option is not available in older buildings and apartments, disputes over parking spaces among neighbors are increasingly rising. Especially in older apartments, due to insufficient parking space, apartment owners claim priority rights, and tenants may face difficulties in using the parking area. Some apartment and site managements limit parking spaces by asserting that tenants do not have parking rights.
PARKING RESTRICTED FOR TENANTS
Recently, a warning notice written by a site management at the entrance of an apartment caused a similar debate. According to the notice, the site management had made a new decision, stating that only 'homeowners' could park their vehicles in the parking lot within the building. It was specifically mentioned that tenants should not park their vehicles in this area.
PARKING LOTS ARE COMMON AREAS
We will discuss whether the warning written by the site management has any legal binding, but first, we need to look at how this should normally be. Prof. Dr. Oğuz Sadık Aydos, a faculty member at Hacı Bayram Veli University Faculty of Law, outlines a basic legal framework in the simplest terms and emphasizes that parking lots are actually classified as 'common areas' according to the Supreme Court and scientific precedents.
Pointing to the Condominium Law, Prof. Dr. Aydos explains that it is stipulated that all property owners have the right to use common areas.
"THERE IS NO LEGAL BASIS FOR THE DECISION MADE BY THE SITE MANAGEMENT"
When tenants and homeowners get involved, naturally, attention turns to the 'rental agreement.' Aydos states, "Since the property owner transfers all their rights related to usage through the rental agreement, the tenant also has the right to use the common area," and he concludes his remarks as follows:
"Therefore, a decision that prevents tenants from using the parking lot cannot be legally made by the management board. However, perhaps a different approach could be taken… The homeowners' assembly can make a decision regarding how the parking lot will be used. For example, it can be decided with the consent of the relevant property owner that some property owners will not benefit from the parking lot. In that case, the property owner who waives their right to use the parking lot must inform their tenant of this situation at the beginning. Then, the rental fee would be adjusted accordingly."