Legal Management of Condominium Relations
Condominium law represents one of the most conflict-prone areas of private law, characterized by a complex layering of regulations requiring specialized expertise in the interpretation of both statutory provisions and condominium bylaws. Inadequate management of condominium relationships often leads to unpredictable disputes that may last for years, ultimately compromising the habitability of the buildings and the peaceful coexistence of co-owners.
Formation and Management of the Condominium
Condominium Establishment and Condominium Bylaws
The condominium is established automatically by law when ownership of a building is divided among multiple parties. The condominium bylaws play a central role in defining the relations among co-owners and regulating the use of common areas. The distinction between contractual bylaws and assembly bylaws carries significant legal consequences: the former, approved by the original property owner, may derogate from dispositive civil code rules and bind all co-owners even if they did not participate in its adoption; the latter requires approval by the assembly with the majority prescribed by Article 1136 of the Civil Code and cannot alter individual co-owners’ rights over common parts.
Drafting condominium bylaws requires particular care in shaping clauses relating to the use of common areas, allocation of expenses, and restrictions on dominical rights over exclusively owned property. The bylaws must comply with the principles of Article 1131 of the Civil Code and may not introduce restrictions that alter the intended use of common parts or modify the legal criteria for expense allocation.
Condominium Administration and Assembly Management
Appointment of a condominium administrator becomes mandatory when the condominium consists of more than eight co-owners; however, best practice recommends appointing an administrator even in smaller condominiums to ensure management continuity. The mandate agreement with the administrator must clearly define granted powers, fees, and reporting obligations. The administrator’s liability under Article 1131 of the Civil Code extends to all acts performed in the exercise of administrative functions, with particular reference to dealings with third parties and preservation of common parts.
Assembly resolutions represent the collective will of the condominium and must respect the quorum requirements set forth in Article 1136 of the Civil Code. Nullity of resolutions may arise from defects in the object, impossibility or illegality of content, or violations of mandatory rules. Annulment occurs due to defects in the formation procedure of the assembly’s will, irregularities in the convocation, or miscalculation of majorities. Our experience in condominium disputes enables prompt identification of illegitimacy issues in resolutions and the formulation of effective challenge strategies.
Allocation of Expenses and Condominium Obligations
Ordinary and Extraordinary Expenses
The allocation of condominium expenses follows the criteria established by Article 1123 of the Civil Code, distinguishing between expenses for maintenance of common parts, apportioned according to the value of each co-owner’s property, and expenses for services benefiting only some co-owners, which are allocated solely among them. The legal qualification of expenses as ordinary or extraordinary has significant implications on the required assembly majorities for approval: ordinary expenses may be approved with the majority provided by Article 1136, while extraordinary expenses require the qualified majorities of Article 1136, paragraph two.
The configuration of the millesimal tables demands specific technical expertise in assessing value relationships among individual units. Revision of the millesimal tables is permitted only under the conditions set by Article 1138 of the Civil Code: when an error is found or when changes in the building’s conditions alter the original value ratios. Our consultancy includes assessment of the grounds for table revision and assistance in the procedures to modify millesimal tables.
Debt Recovery and Enforcement Procedures
Default by delinquent co-owners in paying their contributions creates serious financial challenges for the condominium’s balance. The condominium administrator may pursue debt recovery following an assembly resolution; however, case law clarifies that the administrator can act even without specific resolution when non-payment compromises ordinary management.
The injunction order (decreto ingiuntivo) is the preferred legal instrument to recover amounts owed by defaulting co-owners, as administrative documentation constitutes suitable title for issuing the injunction. The subsequent enforcement phase requires careful attention to real and personal guarantees securing the condominium credit. Our experience in managing real estate enforcement proceedings allows us to provide qualified assistance even in complex cases, including those involving parties subject to insolvency procedures.
Building Innovations and Modifications
Works on Common Parts and Building Modifications
Innovations to common parts require assembly approval with the majorities provided by Article 1136 of the Civil Code and must comply with the limits set by Article 1120. The distinction between admissible innovations and prohibited modifications involves complex interpretative issues: prohibited are innovations that may prejudice the building’s stability or safety, alter its architectural decorum, or render certain common parts unusable by even a single co-owner.
Installation of centralized systems, elevators, or changes in the use of common premises require specialized assessment of compatibility with the building structure and co-owners’ rights. Our consultancy includes analysis of the technical and legal feasibility of proposed innovations and definition of cost-sharing arrangements among affected co-owners.
Super-Condominiums and Partial Condominiums
Management of complex real estate developments composed of multiple buildings with shared common parts presents specific challenges in identifying contributors to expenses and defining assembly competences. A super-condominium arises when multiple buildings share some common parts, whereas a partial condominium involves co-owners using specific shared services or facilities. Correct legal classification of these situations requires detailed analysis of foundational documents and existing real rights among the buildings.
Our experience in managing condominium disputes enables us to offer qualified assistance even in particularly challenging cases, including those involving buildings subject to urban or landscape restrictions that may limit maintenance or innovation interventions.