In our many years of dealing with real estate issues we have found that conflicts and disputes between the co-owners of a building are very common.
In any apartment building where many people with different perceptions, work and schedules necessarily live, it is perhaps inevitable that disputes and conflicts will arise. The ideal would be friendly discussion, especially if they are neighbours, but often the condominium assembly is unfortunately a “war zone” rather than a field for friendly resolution of the differences between the co-owners.
Common cases that lead to disputes between the co-owners of a building are the non-payment of common charges by a co-owner, the occupation of a parking space or other common area, the change of use of a common or privately owned area, the election of the condominium manager and the various nuisances of one neighbour to another such as shouting, annoying and excessive noise, throwing rubbish and many others.
Our firm’s real estate attorneys have found out that many condominium disputes start from illegalities by condominium developers or poorly drafted condominium horizontal property and regulations.
Many times the condominium regulation, rather than providing solutions, contain vague provisions that make it difficult for the condominium to operate.
Our attorneys can advise you on all of these issues and represent you at the condominium assembly or in court if necessary.
We will study the condominium regulation and the condominium’s horizontal property constitution in order to find its provisions and invoke them before the Court.
The law provides for a special procedure to resolve such disputes and our experienced lawyers are here to help you. According to the Civil Procedure Law, disputes between co-owners among themselves or with the condominium manager are generally resolved by the local competent Single-Member Courts of First Instance, following an action brought by the parties concerned.
It should be noted that a claim for unpaid common charges is time-barred after five years so the co-ownership or the manager should not be delayed.
Under the Law 4512/2018, mediation has become mandatory in all disputes between co-owners and managers of apartment buildings. The mediation procedure is a prerequisite in any such dispute.
In fact, before filing an appeal before the court, the lawyer must inform his client in writing about the possibility of attempting a mediation settlement of the dispute, provided that the conditions for an appeal to mediation are met, as well as about any mandatory inclusion of the dispute or part of it in the mediation procedure under penalty of inadmissibility of the discussion of the legal remedy.
In general, for co-owner disputes, Law 3741/1929 applies, which defines the relationships of co-owners, what are the common areas and generally the obligations of co-owners, but the lawyer must pay particular attention to the establishment of horizontal ownership and the regulations of each apartment building.