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.
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