According to the provisions of the Civil Code, it follows that owners of horizontal properties are allowed to regulate the use of the common areas and common property of the co-ownership and to determine the percentage of each horizontal property’s share in the common expenses thereof, even if there are regulations governing these, provided that the relevant decision is taken unanimously by the co-owners.
If no regulations governing the relations between co-owners have been drawn up, a majority of at least 60% of the co-owners may request the drafting of regulations through legal action.
If regulations have been drawn up but are incomplete, at least 65% of the co-owners may request in court that the omissions be filled in or that the regulations be amended.
However, for the latter case to occur, there must be deficiencies in the existing regulations that prevent the smooth operation of the co-ownership or the use of the separate properties.
Thus, if there is a regulation governing the relations between co-owners without any deficiencies, but some owners consider that its provisions are unfair to them, the latter do not have the right, even if they constitute 65% of the property, to seek its amendment in court.
This is because, when purchasing any horizontal property, the owner took into account its market value, the weighting of his interests, and the use of his horizontal property as provided for in the regulation, which (use), it is not reasonable to change it retrospectively to their detriment, without their consent, by a majority of co-owners (65%), whom they may not have known at all and with whom they had no contractual relationship at the time of purchase of their property.
Therefore, if there are no deficiencies that prevent the operation of co-ownership or the use of separate properties for their intended purpose, the amendment of the regulation in the manner described above is not permitted, and it can now only be amended in the manner specified therein, or in accordance with the provisions of Law 3741/1929.
Consequently, it follows that the facility provided by the legislator for the amendment of the regulation with the permission of the court exists only when there are deficiencies that prevent the operation of co-ownership or the use of separate properties. The malfunction caused by the deficiencies in the regulations must be adequately justified
