Co-owners representing 60% of the co-ownership of the plot of land may request the drafting of an apartment building regulation, in order to govern the existing relations arising from the co-ownership. Before filing the lawsuit, the co-owners requesting the drafting of the regulation must deposit with a notary public at the seat of the competent court a draft regulation of the relations between co-owners and a draft table of allocation of undivided shares of the common property among the separate ownerships, with reference to the proportion of common expenses to be borne by each separate ownership.
A lawsuit was upheld by the court seeking the drafting, before a notary public, of a regulation of the relations between owners of separate and independent horizontal properties (condominium units) of a multi-storey building (Athens Single-Member Court of First Instance 117/2022). According to the judgment, the 60% majority may request the drafting of a regulation in order to govern existing relations arising from the co-ownership, but not to create rights or obligations, for which the unanimous consent of all co-owners is required.
These documents must be signed by all co-owners requesting the drafting of the regulation, and in particular the second document (draft table of allocation of ownership shares) must additionally be signed by a civil engineer or architect; copies of all such documents and diagrams deposited with the notary public are produced by the parties before the court at the hearing.
The above lawsuit does not need to be registered in the books of claims under Article 220 of the Code of Civil Procedure (KPolD).
- See also the article Property Purchase
- See also the article Property Sale
- See also the article Property Partition Lawsuit
- See also the article SYPOTHA – Unauthorized Construction
- See also the article Fines for Unauthorized Construction
- See also the article Annulment of SYPOTHA Decision
- See also the article Acquisitive Prescription
- See also the article What is the KAEK?
- See also the article Prenotation of Mortgage
- See also the article Tenant Eviction
- See also the article Professional and Commercial Leases
FREQUENTLY ASKED QUESTIONS ON APARTMENT BUILDINGS WITHOUT REGULATION
1. What does it mean that my apartment building has no regulation?
Many older apartment buildings do not have a constitutive deed of horizontal property (condominium) or a regulation governing the relations between co-owners. This creates problems in determining co-ownership shares of the plot, in the allocation of common expenses, in the use of common areas (rooftop terrace, uncovered space, staircase) and in decision-making by the general assembly. When a dispute arises between co-owners, in the absence of a regulation it is resolved through the general rules of the Civil Code (AK), which often leads to court disputes. Drafting a regulation provides a stable framework and protects the value of each apartment-property.
2. What can I do if the other co-owners do not agree?
Unanimity is not required. The law allows co-owners representing at least 60% of the co-ownership of the plot to seek the drafting of a regulation through the courts. A lawsuit is filed before the Single-Member Court of First Instance, requesting the drafting of a regulation before a notary public. Before filing the lawsuit, a draft regulation and a table of allocation of undivided shares, signed also by an engineer, are deposited with a notary public. By the court’s judgment, the existing co-ownership relations are governed — but not the creation of new rights or obligations, for which the consent of all co-owners is required.
3. How long does the court procedure take?
The procedure unfolds in two stages: preparation (drafting the documents, the table of shares by an engineer, deposit with the notary) and the court hearing. Typically six to eighteen months are required, depending on the workload of the Court of First Instance, the complexity of the building and any objections from other co-owners. After a final judgment is issued, the regulation is signed before a notary public and registered with the Land Registry Office or the National Land Registry. If an appeal is lodged, completion may be extended. The lawsuit does not require registration in the books of claims, which simplifies the procedure.
4. What documents do I need to start?
The required documents include the title deeds of all participating co-owners, registration certificates and land registry extracts, a topographical diagram of the plot, architectural floor plans of all storeys and a table of thousandths (undivided shares) signed by a civil engineer or architect. In addition, a draft regulation of the relations between co-owners is drawn up, signed by all those requesting the drafting. All documents are deposited with a notary public at the seat of the competent court before the lawsuit is filed, and copies are produced at the hearing. The building permit, where available, is also useful.
5. What are my chances of winning the case?
When the 60% threshold of co-ownership is met and the documents are properly drafted, the chances of success are particularly high. Case law (such as Athens Single-Member Court of First Instance 117/2022) has firmly established that the majority can impose the drafting of a regulation to govern existing relations. The risk of dismissal arises mainly when the relief sought indirectly seeks to create new rights or obligations (e.g. allocation of exclusive use of a common area to a particular owner), for which the consent of all is required. The proper wording of the relief sought determines the outcome.
6. What is the role of the lawyer in this procedure?
Our firm first reviews the title deeds and ownership shares of the participants to confirm that the 60% threshold is met, cooperates with an engineer for the table of thousandths, drafts the regulation tailored to the particularities of the building, and carefully drafts the relief sought in the lawsuit so that it does not fall within the cases requiring unanimity. It then deposits the documents with the notary public, files the lawsuit, represents the co-owners before the Single-Member Court of First Instance, and oversees the signing and registration of the final regulation. In the event of objections from minority co-owners, it also undertakes the defence at second instance.