Monday, March 23, 2009

Long Dong Silver Gallery

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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