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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