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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