The proposed and pending provision is as follows:
Article 232
Unilateral incorporation and modification of horizontal property constitution– Amendment of article 98 n. 4495/2017
- At the end of approx. b) of par. 5 of article 98 of n. 4495/2017 (A΄ 167), on violations in horizontal properties, the words “above the ground floor” are added, and par. 5 is formatted as follows:
“5. Especially in the cases of horizontal property with violations concerning its extension in height or width (horizontal) and the occupation of shared or jointly owned space, it is possible to include these in this, without the consent of the other co-owners, only in the following cases:
a) when the arbitrary extension exists since the construction-construction of the building or
b) when the same arbitrary extension exists on all floors of the building, above the ground floor.”
- In article 98 of n. 4495/2017 added para. 9A as follows:
“9A. Especially in the case of arbitrary expansion or impairment of independent horizontal property at the expense or in favor of neighboring horizontal property of this or another owner, it is possible to include this in the present, if the arbitrary expansion or impairment of independent horizontal property exists from the construction – construction of the building. In the same way, the owners of the horizontal properties affected by this differentiation, have the right to jointly perform a notarial deed of unilateral amendment of the deed of incorporation of the horizontal property, in order to integrate or distribute, mutually, the space subject to the provisions of this article, in their horizontal properties or to exclude him from it, without affecting existing overall percentages of co-ownership on the plot and distribution of common expenses of the mutually affected horizontal properties. In this case, the consent of the other co-owners is presumed.”
