Administration: The new law of the CONDOMINIUM 2013
All you need to know
Access to the records.
Every single tenant has the right to access to the documents of the condominium and to obtain copies of them.
Obligation to nominate an Administrator when the tenants number more than eight. They must be in possession of a professional R.C. policy on request by the assembly. They must transfer powers without ulterior compensation.
Automatic renewal of appointment, except in case of deliberation of revocation. Analytical specifications of the responsibilities at the time of nomination or renewal, penalty for which is the annulment of the appointment. Nomination of the administrator also in cases of economic council buildings for public residences. The administrator must fulfil all the fiscal obligations of the condominium. Prepare the annual report within the 180 day period. Must be in possession of the moral requisites, penalty for non compliance is annulment of appointment: must not have a criminal record for fraud, or be under any banning order and must be free from legal prosecution. Must have the professional requisites: diploma from the secondary school, appropriate training course with professional updates.
The regulations of the condominium cannot prohibit the keeping of domestic animals. In this regard it is specified that the Legal Commission, with the appropriate minutes of the meeting, has noted that the prohibition in question does not apply to the contractual regulations that have been approved by all of the tenants with the acceptance of the regulation formulated by the builder prior to the constitution of the condominium, with a unanimous assembly deliberation, because the disposition is included within the article that disciplines the condominium regulation. This formula of compromise is of fundamental importance because it allows for respect for the sensibilities of the animal lovers and also for those who are not. In coherence with the principles of contractual autonomy (article 1322 civil code), this allows the tenants to deliberate together the limitations of the dominical rights due to them with regards to the condition of the premises. With regards to the effectiveness towards third parties, it must be remembered that the real character of the conventional limitations of the property of the condominium determines their opposition to the purchaser of a particular title of the property unit, as far as these limitations have been registered at the Conservatory of Building Registers, in accordance with the law ,civil code 2643, at the time of transcription of the regulations, therefore when the precise act of purchase is registered, the constraints to which it is the subject of the asset purchase. In the absence of the registration, the constraints can be opposed only when the purchaser has given its explicit acceptance.
It is recognised the right of each individual tenant to radio/television reception with individual installations.
Convocation of meetings.
Registered letter, certified electronic post, fax or hand delivered. Annulment within 30 days due to omissions, late or incomplete convocation.
Committee of the condominium.
Possibility to nominate 3 members of the committee (if the condominium has more than 11 units).
Accountability of the budget with the preparation of the balance sheet of the condominium and its accompanying report.
Bank account of the condominium.
All financial movements of the condominium, both incoming and outgoing, must be made through a current account in the name of the condominium.
Must be in written form. Limitation of delegation: in the case of twenty or more tenants, the delegated cannot represent more than 1/5th of the tenants or 1/5th of its value. The administrator cannot be delegated. In the case of multiple condominiums, a delegated representative for each condominium will participate in the assembly when there are 60 or more participants.
Destination of use of the communal parts.
The new art. 1117 – ter. foresees the change of the destination of use of the communal parts with a vote of 4/5th of the participants and 4/5th of the value, through the convocation of an assembly.
Turning off of the central heating system.
A tenant can renounce the use of the centralised central heating and air conditioning system provided the disconnection does not affect the functioning of the system and does not cause any additional expense to the other tenants. In this case the tenant will be charged for the extraordinary maintenance of the plant in order to conserve its normal activity.
Individual renewable energy installations.
It is possible to install renewable energy systems for individual use on the communal roof with the committee having the right only to control it without authorisation.
The quorum shall be reduced by the majority of participants +1/2 of their number for innovations of particular social interest, security, health, architectural barriers, energy reductions, renewable energy installations, parking areas, television aerials and centralised telematic systems. New procedure for specific convocations. For ordinary innovations, a majority of 2/3rd of the participants is necessary.
Work on the private areas.
The administrator will communicate to the interested party, any interventions necessary to their private property.
Methods to resolve disputes with regards to the condominium are controlled, with the relative obligations on the administrator.
Overdue payments and injunctions.
The administrator must take out an injunction within 6 months from reporting those who result to be overdue with payment, with the exception of those who have a dispensation from the committee.
The new article 1117 civil code, also counts among the communal parts, the plant for the reception of radio/television signals, telematic systems and attics with structural and functional characteristics. Foreseen is the concept of multi-ownership with periodic goodwill. The division of the communal parts in accordance with art. 1119 civil code can only be fulfilled with the unanimous consent of all of the participants of the condominium.
The credits of the condominium, where payable under art. 63 civil code, are to be considered in favour of preferential claims and unsecured loans during the bankruptcy proceedings. This is new and is among the more interesting things to have been divulged.
Lower the constitutional quorum at the first assembly with a 2/3rd majority of the participants. Fix the constitutional quorum at the second assembly with a majority of 1/3rd of the tenants and 1/3rd of the participants.
General quorum for the second convocation.
Majority of 1/3rd of the assembly.
Obligation to keep the register of the occupants of the condominium, of the minutes of meetings, nomination of the administrator and the accounts.
Sanctions foreseen by the regulations.
ncreases to the sanctions up to € 200 and up to € 800 for second or subsequent offences.
Activation of a condominium web site for the publishing of the accounts and the deliberations, if the assembly requests it.
Participation of the tenants with the costs.
Obligation of participation among the tenants with regards to third party costs, subsidiary with respect to the preventative examination of the debts. Communication of the debts to suppliers and creditors. Obligation of participation in the expenses by owners and their tenants
The new art. 1117-bis foresees the application of the law for multi-condominiums.
Change or modify the tables unanimously. Modify or change the majority in cases of error, alterations for more than 1/5th also for a single u.i. for innovations or elevations with costs charged to who has ordered the variations. In the case of a legal revision it is not foreseen the need for litigation. Extend these same principles to the conventional tables.
The installation of CCTV for the communal parts is approved by a majority of ½ of the participants.