February Nb, Public Auction

The Board of condominiums

The "organs" of the condominium on the Civil Code are two: the administrator and the assembly. Both have tasks provided for by law and specific responsibilities. These "organs" in the technical sense-because the building is not subject to law and as such can not have representations of himself.

addition to these figures provided by the law if it found a third. This is the so-called Council of condominiums. By what standards is expected the existence of the board of condominiums? How do you elect a Board of condominiums? How is it regulated its functioning? What are its functions?

All questions to which we will answer below.

From what rules is expected the existence of the board of condominiums? Neither the Civil Code or special laws governing the board of apartment buildings. Its existence can be predicted by both the house rules (whether contractual shareholders) or from any act which, with majorities in second paragraph of art. 1136 cc (the majority of participants in the meeting, representing at least 500 milliseconds) it has existed. In fact, the Code does not provide even a majority ad hoc for the establishment of the council. It is a majority that can be deduced logically from the fact that the meeting regulations (which can set the council buildings) must be at least voted with the majority provided for by Article. 1136, second paragraph, DC

How to elect a Board of condominiums? How is governed its operation? E 'useful that any regulation or shareholders' resolution that is meant to establish the board governing these matters. In the absence of suitable heads, the appointment of directors and their term of office and rules of operation are as for assembly and administrator. So it is presumed, in the case of regulatory gaps, hard to think that every director in office for one year, the board should be convened with the same conditions for assembly, etc..

What are its functions? The board has only advisory functions and scrutiny of the administrator. Can in no way replace it much less at the same meeting. As an example, which is the most common in practice, the board may be helpful and control of the administrator in dealing with the firm in cases of particularly heavy and complex contracts. But it will never sign the contract administrator in place or in place of the Assembly approve the final accounts of the work.

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Extraordinary expenses: maintenance work


The Civil Code provides that each House may decide to work on building maintenance.

It should immediately notice a difference.

The extraordinary repairs that do not involve significant costs enit may be approved by the majority provided for the establishment of the Assembly (to be clear enough in the second call is 1 / 3 of condominiums and 1 / 3 of milliseconds).

major maintenance work of considerable magnitude must be appvato with the majority in art. 1136, second paragraph, DC (the majority of participants in the meeting, representing at least 500 milliseconds).

Once approved, the resolution must be taken regularly to execution.

The costs should be allocated based on the tables thousandth of property, unless otherwise agreed (unanimously voted of participants in the condominium).

Once approved the distribution plan and established the number of installments, ongi condominium must pay their due date as required, on pain of being notified rsichio an injunction.

A possible rescheduling has to be agreed at the meeting with other residents and the company carrying.

report an interesting dictionary of building on the site civile.it / condo

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Costs by use


Article. 1123, second subparagraph, Civil Code provides: "If it comes to things that serve the condominiums in varying degrees, the costs are allocated in proportion to use that anyone can make .

It 'called the breakdown of expenditure according to the principle use.

specific and practical application of this principle is given by art. 1124 cc governing the allocation of costs of maintenance and reconstruction of the stairs: " Ladders shall be maintained and rebuilt by the owners of the various plans they serve. The expenditure is divided between them, half in proportion to the value of individual plans or portions of the plan, and the other half in proportion to the height of each floor above the ground.

At the end of the competition in half of the expenditure, which is allocated in proportion to the value, the expression levels cellars, dead boxes, attics or rooms in roof and flat roofs, where are not jointly owned .

A clarification is a must: it speaks of the potential use of the common good and objective than subjective and each condominium will be put. So that to keep the condo in the form and use the stairs not the elevator can not ask for a reduction in costs for this service. C0sì was expected to increase the cost of cleaning the stairs!

The assessment must be conducted with rifeirmento structural conditions of the building actually post that reduce the possibility of use of the asset being valued.

All approndimenti appropriate on civile.it / condo

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Costs wrong the act is voidable


A recent ruling by the Supreme Court (No. 747 of 2009) says this: if the assembly approve a resolution containing a breakdown of expenditure wrong, the decision may be challenged him to cancel. Precisely because the time for such an appeal is 30 days as provided by art. 1137 cc

The question was raised because a condominium believed that the act of sharing the costs of his apartment building had waived the legal criteria of cost sharing.

The Supreme Court has differentiated the question by saying that:

a) if the decision changes the criteria for allocation (eg division into equal parts rather than the table of properties), then it will be nothing;

b) if the assembly is wrong to apply criterion (eg, use stairs rather than tables table properties) will be canceled.

The decision is useful because addition to reaffirming the distinction between nullity and annulabilità in relation to the time of appeal shall specify the content with reference to cases of invalidity and / or nullity.

approndondimento a legal question and the text of the sentence no 747 of 2009 at the site civile.it / condo

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Condominium minimum

It has been questioned for a long time if the rules laid down in the condo to apply only with respect to certain establishments. In essence, the question was: how to settle or the Administrator, there is a minimum number of blocks over which rules apply Articles. 1117 and following of the Civil Code (ie those on the block)?

many ways a few years ago the issue was doubtful and much of the doctrine and case law that, for example in a building with only two owners did not apply the rules on condominium but the more general set down for the communion.

The reasons were very different, one of all: in a building with only two owners can not normally do an assembly. The continuing disagreement between the two parties would lead to a stagnation of the meeting continued and no outlets.

not have responded to this trend Sections United Supreme Court of Cassation. The Court in its maximum expression, sentence no 2046 of 2006 established the applicability of the rules governing the condominium even in those cases where the condominiums are only two. Recently, in accordance with this ruling, the Court of Trapani said the court thousandth tables (ie those made by the court on the memory of one or more buildings) can be formed even in apartment buildings with only two participants.

link to these texts of the judgments:

Cass. No sections of the United 2046 of 2006

Court of Trapani in 2008

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Administrator

Every condominium with more than four participants must appoint an administrator. This subject is none other than a representative of the owners who manages and promotes the interests of all buildings in relation to common parts of the building. It is estimated that in Italy there are 150,000 condominium administrators only 40,000 of which carry out activities on a continuing and professional organization.

to act as administrator of the law does not require any requirement to undermine if not of legal age and capacity of understanding and will. The administrator remains in office for one year after which appears resigned to the assembly: this may confirm it or to appoint a new one. To appoint an administrator is required majority of participants in the assembly, representing at least 500 milliseconds. If you do not succeed the outgoing administration is continuing its mandate prorogatio , except the right to appeal to the Court by any single condominium for judicial appointment.

The administrator may be revoked by the Assembly as well, and can do this at any time by a court on appeal of each condominium if it does not account for the management for more than two years, if there are suspicions of serious irregularities or if not promptly inform the building of any legal action that goes beyond its powers.

The duties of directors are determined by law and any act in excess of these powers is unlawful, to the ratification of the Assembly. Among the obligations of the administrator is to collect the contributions Monthly, control the use of goods and services and enforce building regulations, and convene the meeting if requested or when required by law, etc.. (See art. 1130 cc).

against the decision of the administrator can make use of the Assembly for their consideration and for all necessary and consequential deliberations. (Art. 1133 cc)

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condominium building regulations

The Civil Code art. 1138 tells us every building with more than ten participants must have a regulation governing, among other things, the use of common services, etc. The decoration of the building.

How many types of regulation exist? Who is the person who must set the rules? What 'is the quorum needed to approve it? We try to clarify these questions. First, there are two types of rules: those which are contractual in origin and that of shareholders. The first, usually is prepared by the manufacturer and inserted in the individual bills of sale of each apartment. It must be transcribed together at the time of sale and may, for example, waive the legal criteria for allocating the costs (eg, may decide to split the costs equally.) Those who buy a house "second hand" will be required to comply only if the regulation is inserted in its place of purchase or at least usage. If the manufacturer insert clauses that favor it, this could be challenged as unfair by the Rules of Origin and voted by the shareholders and it is sufficient that the majority of the owners representing at least 500 milliseconds. This type Regulation can not waive the legal criteria for allocating the costs. If all shareholders accept the condominiums in signing it, the regulation it will have the same force as those prepared by the manufacturer (so-called rules of origin and nature contrattale meeting). All condominiums are considered individually take the initiative for the formation of the Regulation. In apartment buildings with more than ten condominiums may provide access to the court that form the building regulations.

For a discussion on the legal building regulations: www.civile.it / condo

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The breakdown of costs between tables and other ways thousandth

The Civil Code, art. 1123, tells us that the condo fees, maintenance and common services should be allocated among the various blocks in proportion to the value of their property, unless otherwise agreed.

When it comes to agreement alluded to, as I said to the costs of bills for water, for a unanimous consent of all participants in the condominium which provides otherwise than as provided by law. Here, too, if everyone agrees the costs will be shared equally, or exempting them from paying someone, etc..

happens often, however, that there is no such agreement.

What to do in this case? The answer is simple: apply the proportionality test required by law. Elements which must exist between this relationship of proportionality? How do you retrieve these values?

The proportionality must exist between the common areas and individual units and must be expressed in thousandths thousandths tables contained in the cd.

Tables micron, therefore, contain the legal criteria for allocating the costs.

How to form tables? It 'should draw up is a professional (eg, surveyor, engineer, architect). When I apply? They are valid if they are accepted by all and placed in individual acts of purchase (ie the contract tables), if formed as a result of proceedings before the court (so-called court tables) or voted on by all the blocks in the assembly (ie the meeting of nature contract) it is doubtful if the tables by a majority vote at the meeting can be considered valid (on this point is underway a trial before the Court of Cassation , which should solve the issue).

Once the building is equipped with tables thousandth they may be amended only by agreement of all or through recourse to the courts who is authorized to change only the former are the result of mistake or now largely obsolete. If we admit the possibility of their shareholders' tables can also be modified with sufficient majority for their adoption.

All legal technical insights can be found at www.civile.it / condo

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spread expenditure for the water bill: how to make the condominium

issue that creates more tension between director and condominiums is on the division of expenditure on water bills.

Two points: a) the Civil Code is silent on the sharing of costs of water, b) a house rules (accepted by all the buildings) or a resolution passed unanimously may decide to apply different criteria for the subdivision.

In the latter case it is not uncommon to hear that the expenditure is divided by the number of occupants in the apartment or even based on the tables thousandth or, more Solomon, in equal parts. Then it happens that a family increases, but it is not reported to the proper authorities, or a condominium that will complain about having so many milliseconds have the house almost always empty (ie many travelers, etc.). It 'clear that where there is a possibility of agreement between the parties must reach the law.

standards there and in view of a rational exploitation of water resources and a more equitable distribution of costs tell us two things fundamental and important

1) The expenditure should be divided in such a way that reflects the actual consumption of individual apartments. What to do? Through the installation of meters cd subtraction in each housing unit. The rest is soon told. An arithmetic difference between the count of the counter-General condominium (which for the managing body of service remains the official one) and give the individual shares of each.

2) Each building may require that individual counters subtraction are "formalized" by the management to ensure that the readings are made directly on these. As for the bills or enel gas so to speak. All this, however, bear the expenses on the applicant that service.

The rules relating to distributions and the mandatory removal of counters to envi link:

http://www.civile.it/condominio/visual.php?num=67591&categoria=Spese% 20condominiali

http://www.civile.it/condominio/visual.php?num=67592&categoria=Spese% 20condominiali

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apparent

Among the rules to be followed for a regularity in the relationships we have included this condo:

1) report the name of the owner of the property. The Condominium may be years later, and by accident, forced to discover that the owner and 'different from so-called condominium apparent. Often with unpleasant surprises.

The consequence of a different behavior than the one described is the ability to see delivered the convocation of the meeting, requests for payment to a court order a person other than the owner. This has a number of problems for the condominium real, that maybe no-fault, never receives communications and thinks that all is well.

It 's the case of the so-called condominium apparent. The law does not expressly grant and the case until 2002, at times, considered the principle also applies to condominiums appearance.

What about this principle? It tells us that, under certain circumstances, the factual situation, that is what appears may be different from that of law, that is what it really is. The principle is set to guarantee the appearance of those "trust" because of appearance perhaps misled.

Regarding pool, until 2002, it was doubtful whether this principle was applicable. In that year, with the ruling of the Supreme No 5035, it was clear that the appearance does not apply in the condominium. This is because the public land registers is always possible to find who is the owner of an apartment.

Ultimately this is a rule that "punishing" the administrator very diligent or otherwise inattentive tends to ensure greater transparency in relations condo. The seller will not deliver its orders for costs may not, if you forget to notify the successful assignment. The buyer will be forced to disclose the purchase to participate in communal life now and not find nasty surprises in the future. For

appronfondire a legal concept of appearance www.civile.it / condo

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Hold a shareholders' resolution

often happens that a condominium does not agree with what was decided by the condominium. The disagreement, which is always legitimate, sometimes it can be legally significant. In short, those who disagree may have been right not to be.

Let's see how to oppose a resolution condominium.

first you must understand if you can get what we hope. A decision may be invalid because they brought all the condominiums, as he decides with majorities other than those required by law, because the costs are split incorrectly, or it contains decisions on matters which the Assembly can not discuss. Depending on the type of defect that affects the resolution that we can speak of invalidity or nullity. Without going into arid technicalities, suffice it to say that nothing is a decision always challenge a voidable may be appealed within a specified period, ie within 30 days. This period shall begin for the dissenters (Present in the assembly but opposed to voting on an item on the agenda) from the time of adoption and those who are absent on the day of notification of report.

The first step is to go to court. This is a subject for which you need the support of a defender. In short, we must go by the lawyer. Do not be doing it. Thus, as after the ruling No 4806 of 2005 is clearer the distinction between void and voidable decisions, you should always lodge an appeal during the 30 days required by law. Nullity or annulment of concepts decisions are reserved to the jurisdiction of the court are not clearly defined by law.

Finally, if during the proceedings involved a new resolution to replace the previous one, is to stop the matter of the litigation and is usually that the case go forward only to decide on the taxation of costs, except that the parties agree to end the dispute definitively.

All-in-depth technical legal matter can be found at:

www.civile.it / condo

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The satellite dish television antennas common

In the previous post, we talked about television antenna.

try to understand in more detail, what happens if you install the dish.

See all the balcony of a condo a "beautiful pan" has become something normal. As with the classical terrestrial antenna for the satellite (owned by individual condominium) reference standards are those of the Electronic Communications Code. So always permitted installation without, however, cause damage to others.

Our legislature, however, with a 2001 law intended to simplify the procedure for installing satellite dishes Monthly. In what way? Lowering the majority required by law to what is called an 'innovation required . Here is the text of Article 2-bis, paragraph 13: " in order to facilitate the development and dissemination of new technologies in broadcasting by satellite, the works of installation of new equipment innovations are required under Article 1120, first paragraph of the Civil Code. For the approval of their resolutions, Article 1136, third paragraph of the Code. The provisions in the previous periods are not entitled to the recognition of tax benefits. .

Without going into unpleasant technicalities and simplifying the whole, the meaning of this rule is: the apartment buildings who want to install a satellite municipality may request the convening of an assembly and a simple majority (1 / 3 of the owners representing 1 / 3 of milliseconds that is 333.33 milliseconds) to approve the execution of the work.

The antenna, however, being a well capable of separate use, will property in favor of and those who still want to participate in such costs (eg those who are absent). The contrary will not have the obligation to participate and if they can always change your mind involved in the ownership of the property by paying their share, that is, cost of implementation and maintenance work.

A deepening technical legal argument is rintacciabile at:

http://www.civile.it/condominio/dir.php?categoria=Antenne&his =

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How many times, watching from the balconies of our homes is the view that we proposed is similar to one of the photo?

The reference is to the cloudy sky on a cold winter day, but in the forest of antennas found on the terraces near and why not in ours.

How can all this? There is a rule that governs or that could prevent it?

The questions are simple and immediate, as are the immediate and simple answers.

We start from the first. All this is not only possible, is more lawful. It is not simply tolerated or regulated. The "forest of masts" is the result of one of the most important rights. The right to information. Let 's see what are the rules regulate it and in exceptional cases such as this can be prevented. If we close our meeting and says it is not possible to install these antennas because they spoil the landscape, you are wrong and we can say without fear that under the framework laid down ' art. 209, called the Electronic Communications Code " owners of buildings or parts of buildings can not oppose the installation of antennas on their property belonging to the inhabitants of the same" . However, the neighbor could be argued that , again based art. 209 just mentioned and in particular under the second paragraph, "the antennas, relative supports, cables and accessories must not in any way impede the free use of property, according to its destination, or cause damage to the property itself or to third parties. " We could not argue anything, this is the only exception that can block the installation of an antenna or apply for the removal. Of course we must come to an effort to bother installing an antenna.

said this is useful to clarify the concept. If a building is already a common antenna, each may decide to install your own, more powerful, but they may give up the property common antenna and the associated costs: this, of course, without the unanimous approval of all participants in the condominium. On this point the ' art. 1118 cc is mandatory.

summary, therefore, everyone can install the antenna they want and if it contains no harm to others, no one can object. However, even having the "proper" antenna, will not give up that common to not pay any expenses incurred.

appronfondire If you want the topic from a technical point of view:

http://www.civile.it/condominio/

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We try to list without any claim to be exhaustive, but not limited to, the rules that each condominium should follow, regardless of the obligations imposed by law.

a) Report the name of the owner of the property. The Condominium may be years later, and by accident, forced to discover that the owner and 'different from so-called condominium apparent. Often with unpleasant surprises. It 's the so-called apparent case of the condominium. For those who wish to learn from a legal point of view the question of building apparent, it should be noted that the concept of appearance within the condominium ( http://www.civile.it/condominio/visual.php? num = 67281 )

b) Pay with regularity 'and the deadlines laid down to his own condominium units. The fact, per se 'trivial, has important effects on the whole the apartment block in the absence of one or more' quote, perhaps substantial, could be in trouble 'in the payment of its suppliers for the services they provided. Until a few years ago the notorious communal solidarity, Creva damage very often to whom, however, had always been diligent in making payments. Today, after the ruling 9148 of 2 008 the situation should be slightly different.

c) Comply with the building regulations. Over 10 condos, this is' required by law ( art. 1138 cc ). And often 'the same Regulation to contain all the rules of good neighborly relations which alone would avoid lengthy and unnecessary litigation over noise, pets and so on. If you own labored to do so include your neighbors, tell the administrator of the building that, by law, and 'held to assure that compliance ( Article 1130 cc ).

d) Attend Monthly meetings. It 'the time to maximum discussion and democracy condomiale. Here decisions are made more 'important also economically (eg, renovations, etc.).. Participate can 'be useful to improve the quality' of life in the building and to settle and resolve all outstanding issues. It is not always easy to see when a meeting is valid and when it has been properly convened. Here's help on this point: http://www.civile.it/condominio/visual.php?num=67447

These Short rules help to understand that life and compredere condominium deserves more attention not only to the social consequences that follow from them but also for the economic engagement which may lead to having a home in a condominium.

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The phenomenon condominium

A report ANACI - CENSIS, 2006, a snapshot of the phenomenon in Italy building in these terms:

1) there is no precise calculation of numbers of condominiums, families who live there and administrators. To date, because that 2006 was the latest report, you can make only rough estimates;

2) the "world building" moves a significant turnover;

3) the litigation concerns the building is one of the most important in our courts.

We try to give some numbers. The report, by the ANAC and tells us that in Italy there are approximately 1 million condominiums, to be exact there are about 935,704. In these buildings they live more or less 9.4 million families, ie about 23 million people, representing roughly 40% of the Italian population. Administrators 'professionals' are about 41 000 and handle roughly 330 million condominiums. This means that about 2 / 3 of the owners of buildings are managed by administrators called "internal". How to tell a potentially huge market!

The volume of business handled by the Italian condos is around 1% of GDP is not difficult to understand why: restructuring, electricity, gas and a range of other services that those living and dealing with well-known building. Monthly expenses are often a source of tension and bitterness in a team pool.

Sore, litigation. The Censis - ANACI tells us that in 2003 approximately 2 million of litigation had been received to the offices of Justices of the Peace for matters within their competence. A number certainly increased if you think that we are in 2009 and there are also cases before the Court condominium (consider appeals of decisions).

In this framework, it is understandable why the building is among the topics of greatest interest on the Internet. However, not always, the material is treated with the attention it deserves. We try in this blog to give some advice to those interested in a hobby or necessity to the phenomenon of condominium.

The Censis - ANACI of 2006