Published by carratelli3 years ago

Condominium regulations: when they are mandatory, what types of regulations exist, and what are the essential information needed to draft a valid document.

Condominium regulations: what are they for?

 

It is a document that every condominium owner should know in detail: the condominium regulations. His comprehensive knowledge allows you to prevent and avoid many disputes, tensions, and issues between condominium owners!

 

The bylaws are a written document (otherwise invalid) listing the condominium rules approved by the condominium owners at a meeting by majority vote. Each condominium is required to draft and approve bylaws when the number of condominium members exceeds 10. 

 

What are the aspects that can regulate a document of this type? The essential premise is that the condominium regulations, as such, intervenes exclusively on the use of common areas and services, therefore individual housing units are excluded, as they are private property.

 

The regulatory basis is to be found in the Civil Code, which establishes the rules to be respected when a condominium is established, those for the appointment of the administrator, for the drafting of the condominium regulations, the rights of condominium owners etc. These rules are integrated by the condominium regulations.

 

The 3 types of condominium regulations 

 

Regulation can arise from various sources, and can therefore be of three types.

 

  1. 1) Contractual or conventional regulation
  2. 2) Assembly or majority regulation
  3. 3) Judicial regulation (compulsorily adopted)
  4.  

Contractual regulations

 

The contractual regulations are drawn up by the builder and accepted by the condominium owners upon purchase of the apartment and also apply to future buyers. It can also be a contractual type. condominium regulations subsequent, which must be approved by all the condominium owners in order to be applied.

 

Assembly Regulations

 

The assembly bylaws are considered valid and approved if at least half of the condominium owners participate in the vote and obtain a majority of votes. The assembly, in fact, must represent more than 500 thousandths of the condominium's thousandth shares. These bylaws cannot affect:

  • - common areas
  • - ownership and rights of individual condominium owners (including the right to have a pet)
  •  

It can, however, regulate the use of shared spaces and services (e.g., parking space rotation), the distribution of expenses, and the decorum of shared property.

 

Judicial regulation

 

The judicial form is a forced form; in this case, the bylaws are approved by a judge at the request of a condominium owner. This can occur when the condominium does not have bylaws, most commonly because the meeting does not reach the minimum number required for approval.

 

The bylaws, once approved, must be entered in the condominium registers of minutes and resolutions.

 

What information is included in the condominium regulations?

 

The regulation contains a series of data, from those useful for identifying the building, to the description of the individual areas and services with the relative methods of use.

 

In particular, they are:

  • - name of the building (decided during the first meeting) and address
  • - cadastral data
  • - description of the internal spaces: number of floors, residential units, appurtenances (cellars) and technical rooms (boiler room, etc.) 
  • - description of outdoor spaces: access paths, courtyard, garden, etc.
  • - description of common areas
  • - obligations of condominium owners relating to obligations set forth in the Civil Code, which may be integrated with other rules decided by the assembly
  • - prohibitions relating to common areas, also in this case condominiums can add internal rules to the basic rules of the Civil Code
  • - obligation to contribute with related distribution of expenses
  •  

Carratelli RE - Condominium Regulations 2023

 

The condominium regulations The instrument provided by the legislature to protect the common good of condominium owners. Knowing and respecting it is a right and duty of every condominium owner.

 

The group of professionals Carratelli RE can provide support for the drafting of a shared and timely condominium document. For the condominium regulations 2023, Contact us! 

Carratelli

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