The obligations of a building manager arise from the condominium’s statute, or alternatively, the co-owners’ relationship regulations. In case of a gap in the statute, the manager’s obligations are supplemented by law.
The statute includes the manager’s administrative responsibilities, primarily the repair and maintenance of the common areas of the building, the allocation of costs and expenses according to the table of ownership and common expenses percentages, the collection of common expenses, as well as the extrajudicial and judicial representation of the co-ownership in matters related to the management of the building.
Furthermore, his responsibilities also include related administrative acts, i.e., acts aiming at the exploitation, utilization, and increase of the building’s value, directed toward the interest of all co-owners (Supreme Court of Greece Decision ΜΠΑθ 1240/2012, Athens Court of Appeal Decision 580/2004).
Unless otherwise stipulated in the regulations, the manager represents all owners before the courts, as an association of persons without legal personality, for cases related to its management, and does not represent only the general assembly of the co-owners.
If the manager culpably commits acts or omissions in fulfilling his obligations, as arising from the regulations and especially concerning the maintenance of common areas, and as a consequence damage is caused to common parts of the building or further, to individual property, he is liable as the agent of the co-owners, jointly and severally with them, who are liable according to their ownership percentage (Articles 914, 297, and 298 of the Civil Code combined with Articles 922 and 926).
The joint and several liability of the above persons means that each of them is obliged to fulfill the entire obligation, and the creditor has the right to demand the entire performance from any of the debtors and may pursue only the manager or only a specific co-owner. As an agent, the manager bears an increased degree of liability and is liable for any fault in case of non-performance or improper performance (Article 714 Civil Code).
The same applies if the damage occurs to a third party or their property, who has repeatedly notified the manager to repair what caused the damage and to take the necessary measures to prevent the harmful act, under the provisions of Articles 4 and 13 of Law 3741/1929 and the Civil Code.
When the damage caused is due to fault of the manager, he is personally liable towards the injured party for tort, while the co-owners are liable as principals.
Regarding the fulfillment of the building’s financial obligations to third parties, the manager is not personally liable with his individual assets.
