Sample Request for Garden and Landscaping Works

Who Owns the Garden and Who Decides?

Apartment and estate gardens are common areas unless registered as appurtenances on the title deed. Maintaining the garden is the management's responsibility, while landscaping it is subject to a general assembly resolution.

Landscaping is an improvement increasing the benefit derived from common areas. Under Article 42 of the Condominium Law such works are carried out on a resolution passed by a majority of owners by number and by land share.

Where the work is of a construction nature, however (laying concrete, permanent structures, a pool), it may fall under Article 19 and require the written consent of four fifths of the owners. The distinction depends on the nature of the work.

Preparing the Request

• Photograph the current state
• Prepare a simple sketch or landscaping proposal
• Obtain quotations from at least two contractors
• Account for annual maintenance (irrigation, pruning, mowing)
• Note that felling or relocating trees requires municipal permission

The single biggest factor in an approval is presenting the cost and the ongoing maintenance burden clearly.

Felling and Pruning Trees

Felling or relocating trees in the garden generally requires permission from the municipality. Unauthorised felling attracts administrative fines and a claim for the value of the tree.

Pruning must also be carried out at the right season and to the right technique. Where branches block light to a neighbouring unit, a written request should go to the management first and, failing a solution, to the general assembly.

Copyable Landscaping Request Letter

……………………… APARTMENT / COMPLEX

TO THE MANAGEMENT / CHAIR OF THE GENERAL ASSEMBLY

Subject: Request for landscaping works in the shared garden.

I am the owner of independent unit no. …… in ……………………… Apartment/Complex.

The building's shared garden is currently ……………………… (poorly maintained / partly unused / waterlogged due to drainage problems / without any seating area).

Landscaping the garden would both increase residents' use of the common area and add to the value of the building.

MY PROPOSAL

1. ……………………… (renewing the lawn / planting seasonal plants and shrubs)
2. ……………………… (installing benches and shade structures)
3. ……………………… (laying out a walkway)
4. ……………………… (installing an automatic irrigation system)
5. ……………………… (adding lighting)

The quotation attached from ……………………… states a total cost of ………… TRY and annual maintenance of ………… TRY.

Improvements of this kind in common areas may be carried out, under Article 42 of the Condominium Law, on a resolution passed by a majority of owners by number and by land share.

I therefore request:

a) That the matter be placed on the agenda of the next general assembly meeting,

b) That quotations be obtained from at least three contractors for comparison,

c) That the cost of the works and the annual maintenance be added to the operating budget as separate items.

I submit the above for your consideration. …/…/20…

Full Name: ………………………    Unit No: ……    Signature: ………

ANNEXES: 1) Photographs of the current state 2) Landscaping proposal/sketch 3) Contractor's quotation

Filling Guide

Always state the annual maintenance cost. The objection raised most often at meetings is "who will look after it afterwards"; answering in advance strengthens the request.

Attach photographs and a sketch. A visual proposal is decided far more quickly than one described in words.

If trees must be felled, say so in the request and state that municipal permission will be obtained. Unauthorised felling carries serious penalties.

After the Resolution

Landscaping costs are common expenses and, unless the management plan sets a different basis, are shared in proportion to land shares. The annual maintenance line should be added to the operating budget.

On completion, obtain a document from the contractor setting out the warranty and maintenance terms and keep it on file. Plant loss and warranty scope should be written into the contract.

Common Mistakes

• Not costing maintenance: unmaintained landscaping quickly reverts.
• Felling trees without permission: attracts fines and a claim for the tree's value.
• Carrying out works without a resolution: counts as interference with a common area.
• Deciding on a single quotation: a resolution without price comparison is open to challenge.
• Skipping irrigation: hand watering is unsustainable and plants are lost.

This content and template are for information only and are examples. Tree felling and landscaping are subject to municipal regulation; consult your municipality before proceeding.