Half of Greece’s population and 70% of the population of the Attica region, which includes Athens, live in apartment buildings. But life in a shared building is not always peaceful. A few extra decibels during designated quiet hours, the use of common areas, parking in the building’s ground-floor open parking space, unpaid maintenance fees or elevator renovations are just some of the issues that can suddenly spark tensions among residents.
Alterations and renovation work carried out by apartment owners are another major source of friction. It is now widely acknowledged that, in many apartment buildings, life has become “unlivable” for numerous owners because of these disputes.
To address the problem, Greece is planning a new Property Ownership Code. The Ministry of Justice has already established a 13-member expert working group tasked with radically reforming and codifying legislation governing co-ownership and horizontal and vertical property ownership, the legal frameworks used to divide buildings and land into separately owned properties.
According to Stratos Paradias, president of the Panhellenic Property Owners Federation (POMIDA) and a lawyer, the main changes under consideration include making it easier to approve building work, expenses and amendments to building regulations. The proposals also seek to allow subdivided properties to be split or combined under more flexible terms.
The goal is to pass a new law before the end of the current parliamentary term. Until the rules governing apartment buildings change, however, the situation remains complicated, with disagreements sometimes ending up in court.
1. The headache of unpaid fees
The payment of shared building expenses remains a major source of disputes. There is also a factor that many people are unaware of, which has made the problem significantly worse in recent years.
Thousands of apartments have been purchased by foreign buyers, both individuals and legal entities, without building managers knowing their owners’ details. In most cases, while these apartments remain closed and unoccupied, their owners never pay shared expenses or even provide contact information. When they eventually sell the properties, they leave behind outstanding debts to the building’s management.
When building managers learn that an apartment has been sold, they ask the new owners to pay the outstanding amounts. The buyers, however, refuse, since they have no legal obligation to cover debts incurred before their purchase. The financial burden ultimately falls on the remaining co-owners.
When outstanding fees cannot be collected, the building manager must currently convene a general assembly to discuss initiating legal proceedings to recover the money through a lawyer representing the building’s management, while warning the debtors in advance. The manager must also seek an increase in the building’s reserve fund so that its financial obligations can continue to be met.
Building managers can also seek a court ruling or a payment order against co-owners who fail to pay. To do so, however, they must submit computer-generated notices detailing the unpaid shared expenses, along with photocopies of all supporting documents for the expenses whose payment has been delayed.
Those involved should also remember that claims by building management for unpaid shared expenses become time-barred five years after the year in which the debt was incurred.
2. Renovations and alterations inside an apartment
Many owners regard renovating a home or apartment as a straightforward private matter. In practice, however, it is the second leading cause of conflict.
The distinction is that owners generally have freedom to make alterations inside their apartments, but that freedom is not unlimited. It is essential to establish whether the work affects common areas or elements of the building, such as its exterior appearance, structural framework, balconies, installations or the rights of other owners. If it does, caution is required.
Painting an interior wall, for example, is one thing; demolishing it, replacing windows, enclosing a balcony or opening a new doorway is quite another.
3. Disputes over rooftops
The rooftop or roof terrace is generally a jointly owned and shared part of an apartment building. This means that an owner cannot simply take it over or build on it merely because they have access.
That is often how disputes begin.
If an owner has exclusive use of the rooftop, this must be clearly stated in the building’s deed establishing separate ownership. Even then, exclusive use does not mean the owner can construct whatever they wish.
Can someone with exclusive use of a rooftop build on it? The answer depends on a crucial distinction: the right to exclusive use is not the same as the right to build upward, a legal entitlement that also requires an ownership share in the property.
To avoid disputes, any proposed rooftop construction should first be assessed by an engineer and a lawyer. They must review the deed establishing separate ownership, the building regulations and the applicable planning rules, and determine whether a building permit and other approvals are required.
4. Ground-floor pilotis and parking
In many apartment buildings, the ground-floor pilotis — an open, often column-supported area beneath the building — is a major source of conflict.
Parking is permitted only when it is legally authorized. Parking spaces must be identified in the building plans, the property ownership deed or a relevant legal arrangement. The mere existence of an empty space does not grant anyone the right to park there.
Unauthorized parking in a shared area can trigger disputes, particularly if it obstructs access, blocks an entrance, interferes with landscaping or fire safety, or prevents other owners from using the space.
5. Enclosing a balcony
Enclosing a balcony is another significant alteration that typically raises both urban planning and property ownership issues.
A balcony is connected to the building’s exterior appearance and structural framework. If it is enclosed illegally today, the alteration cannot be legalized, creating an insurmountable obstacle to a future sale of the apartment and potentially causing problems if a complaint is filed.
6. Pergolas and balcony awnings
Many apartment owners install pergolas or covered structures on their balconies. But this is not necessarily a straightforward undertaking.
Even if a structure appears lightweight, it can affect the building’s exterior appearance, structural stability, shared areas or the rights of other owners.
It is also important to distinguish between a retractable awning and a permanent structure. For pergolas, canopies, and metal or wooden constructions, the safest approach is always to check the applicable rules before proceeding.
7. Colors and awnings
Apartment owners should also be aware that they cannot independently change the color of their apartment’s facade. The exterior forms part of the overall appearance of the building. If every owner paints their section a different color, the building’s unified appearance is compromised.
Awnings are another common source of disagreement. Although installing them is a routine undertaking, they also affect the building’s exterior. Many apartment buildings have regulations or decisions specifying a particular awning color and type.
Installing awnings that differ from those used elsewhere in the building can create disputes among co-owners over the need to maintain a consistent appearance. Before installing one, owners should check what the building’s regulations stipulate.
