Published by carratelli3 years ago

Condominium definition, minimum number of apartments required, types of condominiums, common areas, administrator, and condominium regulations.

Condominium: definition 

Condominium, definition Not at all obvious! Until a few years ago, there was no legal definition of a condominium. While its existence was recognized when certain minimum conditions were met, there was no law or regulation in the Civil Code that provided a precise definition.

 

The turning point lies in a legislative decree that only transversally affects condominiums, but that was enough to establish it as the first legal definition of this type of housing. Specifically, we refer to Legislative Decree No. 102 of July 4, 2014, implementing EU Directive 27/2012 on energy efficiency. Article 2, point f, defines a condominium as "a building with at least two real estate units, owned exclusively by individuals who are also co-owners of the common areas."

 

So here it is definition of condominium. 

It is important to note that to establish the existence of a condominium, no formality or deed is required; rather, the condominium is a fact that can only be verified.

 

Meaning of condominium: what are the common areas?

 

A condominium is characterized by the presence of private property and common property. The common areas, necessary for the use and enjoyment of the private areas, are indivisible and are identified in Article 117 of the Civil Code. 

I am:

  • - the necessary parts: soil, foundations, load-bearing walls, pillars and beams, roofs and flat roofs, stairs, gates, porches, courtyards, facades;
  • - parking areas, the concierge's lodge, the concierge's house, laundry and drying rooms, attics if intended for common use;
  • - works and artifacts intended for common use: elevators, water and sewage systems, wells and cisterns, gas and electricity distribution and transmission systems, TV antennas up to the point of individual use, etc.
  •  

What types of condominium buildings are there?

 

So, what are the characteristics of a condominium? Are there differences between a two-unit condominium and a mega-condominium with dozens of apartments? Let's see what the options are.

 

As we have said, a condominium is configured as such when the property (villa, building, etc.) has parts of common ownership (entrance hall and concierge, stairs, roof, etc.) and exclusive properties (the homes or apartments of the individual condominium owners, cellars, garages, etc.).

 

The minimum condominium

 

A minimal condominium exists when the building has only two residential units owned by two condominium owners. These are typically semi-detached villas with shared outdoor and/or indoor spaces (garden, hallway, etc.).

 

The super-condominium

 

A supercondominium (or horizontal condominium) exists when multiple residential buildings share a space or amenities (e.g., a private park, parking lot, or swimming pool). A supercondominium is a group of multiple condominiums and exclusively concerns the spaces or amenities shared by the condominium owners, while not interfering with individual condominium management. 

As with condominiums, supercondominiums are formed automatically and may be specified in the regulations drawn up by the developer. A supercondominium is also formed when a condominium meeting decides to divide the property into multiple condominiums. 

 

The partial condominium

 

Finally, partial condominium, a form of condominium that occurs when a service is managed for only a part of the building.

 

Condominium regulations: administrator and condominium regulations

 

A condominium is required to appoint an administrator only if it has nine or more units. If there are fewer than nine units, all condominium members or a single condominium owner may manage the property.

The condominium regulation, however, must be adopted only if the number of condominium owners is greater than 10. condominium rules They serve to clearly manage common areas and lay the foundations for peaceful coexistence.

 

Carratelli RE deals with home sales and offers comprehensive real estate services. Find out what we can do for you. 

 

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