The property ownership is a specially regulated property linked to the land share or common places in the main real estate.
A property ownership arises with official deed and registration to the land registry. Property ownership cannot be established on one or more parts of the real estate.
Flat owners are obliged to comply with the principles of honesty, not to disturb each other, not to violate each other's rights and to comply with the provisions of the management plans while using their independent sections, extensions and common places.
The obligation to participate in the general expenses of the real estate is regulated in the article 20 of the Law of Property Ownership. According to this article, each of the flat owners has to contribute to the expenses and advances of the real estate. The floor owners go by claiming that they do not use them and cannot avoid paying the participation fee for advances. The flat owner who does not pay the expense or advance share can be sued and enforcement can be followed.
The Law of Propert Ownership Art. 20/2 stipulated that floor owners are obliged to pay delay compensation if they do not pay the expense or advance share. The obligation to pay delay compensation starts from the date the debtor learns about his/her debt. Obligation to prove the date that the debtor floor owner learns is on the board of directors of the real estate. The decision of the Court of Cassation on this issue is as follows:
“first of all, the documents pertaining to the floor owners board decisions taken regarding the periods in which the dues arise must be submitted to the expert as a whole. It is necessary to determine whether these decisions were aned, if not, whether the decisions were notified to the defendant. Then, the date of default should be determined in a way that does not allow for a pause, and the day on which the defendant learns about the dues debt should be clearly determined. If there is a default, delay interest may be imposed as of this date, and if it is determined that he/she did not learn before the execution proceedings, the delay compensation should be started from the notification of the payment order so making a decision without adequate examination and research on them was not considered correct.” ( Court of Cassation 20. Civil Chamber Case No: 2019/5707, Decision No: 2019/7354)