February Nb, Public Auction

The Board of condominiums

The "organs" of the condominium on the Civil Code are two: the administrator and the assembly. Both have tasks provided for by law and specific responsibilities. These "organs" in the technical sense-because the building is not subject to law and as such can not have representations of himself.

addition to these figures provided by the law if it found a third. This is the so-called Council of condominiums. By what standards is expected the existence of the board of condominiums? How do you elect a Board of condominiums? How is it regulated its functioning? What are its functions?

All questions to which we will answer below.

From what rules is expected the existence of the board of condominiums? Neither the Civil Code or special laws governing the board of apartment buildings. Its existence can be predicted by both the house rules (whether contractual shareholders) or from any act which, with majorities in second paragraph of art. 1136 cc (the majority of participants in the meeting, representing at least 500 milliseconds) it has existed. In fact, the Code does not provide even a majority ad hoc for the establishment of the council. It is a majority that can be deduced logically from the fact that the meeting regulations (which can set the council buildings) must be at least voted with the majority provided for by Article. 1136, second paragraph, DC

How to elect a Board of condominiums? How is governed its operation? E 'useful that any regulation or shareholders' resolution that is meant to establish the board governing these matters. In the absence of suitable heads, the appointment of directors and their term of office and rules of operation are as for assembly and administrator. So it is presumed, in the case of regulatory gaps, hard to think that every director in office for one year, the board should be convened with the same conditions for assembly, etc..

What are its functions? The board has only advisory functions and scrutiny of the administrator. Can in no way replace it much less at the same meeting. As an example, which is the most common in practice, the board may be helpful and control of the administrator in dealing with the firm in cases of particularly heavy and complex contracts. But it will never sign the contract administrator in place or in place of the Assembly approve the final accounts of the work.

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Extraordinary expenses: maintenance work


The Civil Code provides that each House may decide to work on building maintenance.

It should immediately notice a difference.

The extraordinary repairs that do not involve significant costs enit may be approved by the majority provided for the establishment of the Assembly (to be clear enough in the second call is 1 / 3 of condominiums and 1 / 3 of milliseconds).

major maintenance work of considerable magnitude must be appvato with the majority in art. 1136, second paragraph, DC (the majority of participants in the meeting, representing at least 500 milliseconds).

Once approved, the resolution must be taken regularly to execution.

The costs should be allocated based on the tables thousandth of property, unless otherwise agreed (unanimously voted of participants in the condominium).

Once approved the distribution plan and established the number of installments, ongi condominium must pay their due date as required, on pain of being notified rsichio an injunction.

A possible rescheduling has to be agreed at the meeting with other residents and the company carrying.

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Costs by use


Article. 1123, second subparagraph, Civil Code provides: "If it comes to things that serve the condominiums in varying degrees, the costs are allocated in proportion to use that anyone can make .

It 'called the breakdown of expenditure according to the principle use.

specific and practical application of this principle is given by art. 1124 cc governing the allocation of costs of maintenance and reconstruction of the stairs: " Ladders shall be maintained and rebuilt by the owners of the various plans they serve. The expenditure is divided between them, half in proportion to the value of individual plans or portions of the plan, and the other half in proportion to the height of each floor above the ground.

At the end of the competition in half of the expenditure, which is allocated in proportion to the value, the expression levels cellars, dead boxes, attics or rooms in roof and flat roofs, where are not jointly owned .

A clarification is a must: it speaks of the potential use of the common good and objective than subjective and each condominium will be put. So that to keep the condo in the form and use the stairs not the elevator can not ask for a reduction in costs for this service. C0sì was expected to increase the cost of cleaning the stairs!

The assessment must be conducted with rifeirmento structural conditions of the building actually post that reduce the possibility of use of the asset being valued.

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