Disturbing Activities in an Independent Unit (Articles 18 and 25 of the Condominium Law)

In the condominium ownership system, each unit owner has certain rights when using their independent unit, as well as being subject to certain obligations. One of the primary obligations is the duty not to disturb other unit owners and to act in accordance with the rules of communal living. Articles 18 and 25 of the Condominium Law set out the fundamental regulations regarding disturbing activities within independent units.

Legal Basis of Disturbing Activities (Article 18 of the Condominium Law)

According to Article 18 of the Condominium Law:

Unit owners, tenants, and other persons benefiting from an independent unit are obliged to comply with the rules of good faith and not to disturb one another while using their property.

This provision constitutes the foundation of neighbor law within condominium ownership and is binding on all users.

What Constitutes a Disturbing Activity?

A disturbing activity refers to the use of an independent unit:

• contrary to its intended purpose, and
• in a manner that disrupts the peace and order of other unit owners.

In practice, such activities may include:

• operating a noisy workplace,
• playing loud music late at night,
• emitting smoke, odor, or vibrations affecting neighbors,
• causing damage to common areas,
• engaging in activities that may harm the structure of the building.

These behaviors also constitute a violation of neighbor rights.

Importance of the Management Plan

According to the case law of the Court of Cassation, the management plan of the main property is considered to have the nature of a binding agreement for all unit owners.

Therefore, provisions in the management plan such as:

• restrictions on keeping pets,
• limitations on certain commercial activities,
• rules regarding the use of units,

play an important role in determining whether an activity is disturbing.

Legal Consequences of Disturbing Activities

Courts generally adopt a gradual approach, rather than directly imposing the most severe sanctions.

1. Determination of the Disturbance

First, the existence and nature of the disturbance are determined through:

• expert examination,
• evaluation of evidence.

2. Granting Time to Remedy the Situation

The court may:

• specify concrete measures to eliminate the disturbance,
• grant the responsible party a reasonable period to comply.

3. Cessation of the Activity (Injunction)

If:

• the disturbance is not eliminated within the granted period, or
• the measures taken are insufficient,

the court may order the complete cessation (injunction) of the activity.

Eviction as an Exceptional Measure

Contrary to a common misconception, disturbing activities do not directly constitute grounds for eviction.

According to the Court of Cassation:

• disturbances under Article 18 do not automatically lead to eviction.

Eviction may only be considered under Article 25, in cases where the violation becomes severe and intolerable.

In the decision of the 18th Civil Chamber of the Court of Cassation (2010/12364), it was clearly stated:

When Articles 18 and 22 of the Condominium Law are evaluated together, it is not appropriate to order eviction directly due to disturbing conduct.

Therefore, eviction is considered an exceptional sanction.

Severe Violations under Article 25

Article 25 of the Condominium Law provides for more severe consequences in cases of serious violations of obligations.

Such cases include:

• continuous and intense disturbance,
• making life intolerable for other residents,
• systematic violation of rules.

In such situations, more serious legal consequences may arise.

Assessment in Light of Court of Cassation Case Law

According to the case law of the Court of Cassation:

• disturbing activities should first be remedied,
• eviction should not be ordered directly,
• the provisions of the management plan are binding,
• intervention must comply with the principle of proportionality.

This approach aims to maintain a balance between property rights and neighbor relations.

Conclusion

Disturbing activities in condominium ownership constitute an important legal issue that directly affects both individual freedom of use and the order of communal living.

The Condominium Law establishes a balanced and gradual intervention system in this regard.

Accordingly:

• the primary objective is to eliminate the disturbance,
• eviction is an exceptional remedy,
• the management plan and the principle of good faith are decisive.

Therefore, each case must be evaluated based on the nature and severity of the disturbance.

Frequently Asked Questions

What is a disturbing activity?

It is the use of an independent unit in a manner that disturbs other unit owners, such as noise, odor, or smoke.

Can a lawsuit be filed due to noise?

Yes. Legal action may be taken to prevent disturbing activities such as excessive noise.

Is eviction possible due to disturbance?

As a rule, no. Eviction is only possible in exceptional cases involving severe and intolerable violations.

Is the management plan binding?

Yes. The management plan has the nature of a binding agreement for all unit owners.

Does the court directly prohibit the activity?

No. The court first grants time to remedy the disturbance; if unsuccessful, it may order cessation of the activity.

Legal Assistance in Condominium Disputes

Disputes concerning the use of independent units require technical legal assessment, particularly in determining the disturbance, evaluating evidence, interpreting the management plan, and identifying the appropriate legal remedy.

Therefore, conducting the process with the assistance of a lawyer specialized in condominium law is essential to prevent potential loss of rights.