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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