In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
Thank you very much for your prompt reply but have not really answered my question clearly.Aye or nay.
In reply to A newbie all over again! by Annec
Loreto
A condominium is simply a building with shared communal parts (stairs, main walls, underlying land, roof) serving individual units of property such as apartments. At the moment the builder begins to split the individual units for sale, a condominium is created. Various parts of the building are named in the Civil Code as being co-owned by all, including the roof and main walls for example among other things. If there are more than four co-owners in the building ("condomini"), then it is mandatory for an administrator to be appointed. However, in answer to your question, parts such as the roof are communal and costs must be shared by the various owners. This would be the case regardless of how many owners or units there are, as long as there are two or more owners of two or more units in the same building; however, if there are more than four then an administrator must be appointed. As Charles says, you can still appoint an administrator even if not mandatory by law and I would recommend doing so.
If the various communal parts are intended to be used by the co-owners differently, the costs are divided in proportion with the use that each many make of it. If a building has several stairways, courtyards etc that are used only by part of the building, the costs relative to their use are to be paid by those who use them. For example if there is a stairway that is and can only be used by apartments 1 and 2, the maintenance costs would be paid by apartments 1 and 2, not apartments 3 and 4. Maintenance costs for the roof, however, are paid by all owners and are divided according to the quota of co-ownership of each unit (expressed in millesimi). So, in answer to your question, your son will still have to contribute to roof maintenance costs even though his apartment is on the ground floor, and even if an administrator is not appointed, the building is still a condominio and all the relevant sections of the Italian Civil Code apply.
Sarah
condominium
Submitted by Anonymous (not verified) on Sun, 03/26/2006 - 01:48In reply to A newbie all over again! by Annec
Hello Sarah,
Thank you very much.The answer has made the issue very clear,Again thank you for a most informative answer.
Best Regards Loreto
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When you have 5 + apartments then a condominio must be ceated with an appointed administrator to manage day-to-day affairs.
You can still set up a condominio with 4 apartments if you like but this can be done collectively on a voluntary basis. Nevertheless, il Libro Terzo - Titolo VII della comunione - of the Codice Civile, regulates situations where buildings are divided between a group of people. Article 1104 specifically covers the obligations of each owner as far as responsibilities and maintenance costs are concerned.
Depending upon your son's relationship with the other owners, I would still draw up a written agreement so as to avoid any potential future disputes that could arise.
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