Art. CC
TITLE VII OF THE COMMUNION CHAPTER I Art. 1100-1116 cc CHAPTER II Of the condominium in the buildings Art. 1117 Common parts of the building They are the property of the owners of the different floors or portions of the floors of a building, if the contrary is not clear from the title: l) the ground on which the building stands, the foundations, the main walls, the roofs and the flat roofs, the stairs, the entrance doors, the vestibules, the passageways, the porticoes, the courtyards and in general all the parts of the building needed for common use; 2) rooms for concierge and concierge accommodation, laundry, central heating, drying racks and other similar shared services; 3) the works, installations, artefacts of any kind that are used for common use and enjoyment, such as elevators, wells, cisterns, aqueducts and also sewers and drainage channels, water systems , for gas, for electricity, for heating and the like, up to the branch point of the plants to the premises owned exclusively by the individual condominiums. Art. 1118 Participants' rights to common things The right of each condominium to the things indicated in the previous article and proportionate to the value of the plan or portion of the plan that belongs to it, if the title does not provide otherwise. The waiver cannot, by renouncing the right on the aforementioned things, avoid the contribution in the costs for their conservation (1104). Art. 1119 Indivisibility The common parts of the building are not subject to division, unless the division can be made without making the use of the thing more uncomfortable for each condominium. Art. 1120 Innovations The condominiums, with the majority indicated by the fifth paragraph of art. 1136, can place all the innovations aimed at improving or using more comfortably or at a greater yield of common things (1108). Innovations which may damage the stability or safety of the building, which alter its architectural decoration or which make certain common parts of the building useless for the use or enjoyment of even a single condominium, are prohibited. Art. 1121 Heavy or voluptuous innovations If the innovation involves a very heavy expense or is voluptuous in relation to the particular conditions and importance of the building, and consists of works, plants or artefacts that can be used separately, the condominiums that do not intend take advantage of them are exempt from any contribution in spending. If separate use is not possible, innovation is not allowed, unless the majority of the condominiums that deliberated or accepted it intend to bear the expense in full. In the case provided for in the first paragraph, the condominiums and their heirs or assignees can, however, at any time, participate in the advantages of the innovation, contributing in the costs of execution and maintenance of the work. Art. 1122 Works on parts of the building owned jointly Each condominium, in the floor or portion of the floor of its property, cannot carry out works that damage the common parts of the building. Art. 1123 Breakdown of expenses The expenses necessary for the conservation and enjoyment of the common parts of the building, for the provision of services in the common interest and for the innovations decided by the majority are borne by the condominiums in proportion to the value of the property of each, unless otherwise agreed (1104, act 68 and following). If these are things intended to serve the condominiums to a different extent, the costs are distributed in proportion to the use that each can make of them. If a building has multiple stairs, courtyards, solar panels, works or systems intended to serve a part of the entire building, the costs related to their maintenance are borne by the group of condominiums that derives utility from it (att. 63). Art. 1124 Maintenance and reconstruction of the stairs The stairs are maintained and rebuilt by the owners of the different floors they serve. The relative expense is distributed among them, half on the basis of the value of the individual floors or portions of the floor, and for the other half in proportion to the height of each floor above the ground (act. 68 and following). For the purpose of the competition, in the half of the expenditure, which is distributed according to the value, the cellars, the dead boxes, the attics or roof rooms and the sun roofs are considered as floors, if they are not in common ownership. Art. 1125 Maintenance and reconstruction of ceilings, vaults and floors The costs for maintenance and reconstruction of ceilings, vaults and floors are borne in equal parts by the owners of the two floors above each other, remaining payable the floor covering is covered by the owner of the upper floor and the plaster, color and decoration of the ceiling are paid by the owner of the lower floor. Art. 1126 Solar panels for exclusive use When the use of solar panels or a part of them is not common to all condominiums, those who have exclusive use are required to contribute a third of the cost of repairs or reconstructions of the pavement; the other two thirds are borne by all the condominiums of the building or the part of it to which the flat roof is used, in proportion to the value of the floor or the portion of the floor of each (act. 68 and following). Art. 1127 Construction above the top floor of the building The owner of the top floor of the building may raise new floors or new factories, unless otherwise stated in the title. The same faculty belongs to who is the exclusive owner of the flat roof. Superelevation is not allowed if the static conditions of the building do not allow it. The condominiums can also oppose the superelevation, if this affects the architectural aspect of the building or considerably reduces the air or light of the underlying floors. Whoever does the raising must pay the other condominiums an indemnity equal to the current value of the area to be occupied with the new factory, divided by the number of floors, including the one to be built, and deducted the amount of the quota due to him. He is also required to rebuild the flat roof of which all or part of the condominiums had the right to use. Art. 1128 Total or partial perishing of the building If the building perishes entirely or for a part that represents three quarters of its value, each of the condominiums can request the auctioning of the soil and materials, unless it has been otherwise agreed. In the event of the loss of a minor part, the assembly of condominiums deliberates about the reconstruction of the common parts of the building, and each is required to compete in proportion to his rights over the parts themselves. The indemnity paid for the insurance relating to the common parts and intended for the reconstruction of these. The condominium who does not intend to participate in the reconstruction of the building is required to transfer (2932) to the other condominiums his rights, including on the parts of his exclusive property, according to the estimate that will be made of them, unless he prefers to assign the rights to some only of the condominiums. Art. 1129 Appointment and revocation of the administrator When there are more than four condominiums, the assembly appoints a director. If the meeting does not provide, the appointment is made by the judicial authority, upon appeal by one or more condominiums. The director remains in office for one year and can be dismissed at any time by the meeting. It can also be revoked by the judicial authority, upon appeal by each condominium, as well as in the case provided for by the last paragraph of art. 1131, if for two years he has not accounted for his management, or if there are well-founded suspicions of serious irregularities (att. 64). The appointment and termination of the director for any reason by the office are noted in a specific register (att. 71). Art. 1130 Powers of the administrator The administrator must: 1) carry out the resolutions of the assembly of condominiums and ensure compliance with the condominium regulations; 2) regulate the use of common things and the provision of services in the common interest, so that the best enjoyment of all condominiums is ensured; 3) collect the contributions and pay the necessary expenses for the ordinary maintenance of the common parts of the building and for the operation of the common services; 4) perform the conservative acts of the rights inherent in the common parts of the building. At the end of each year, he must report on its management. Art. 1131 Representation Within the limits of the powers established by the previous article or of the greater powers conferred by the condominium regulation or by the assembly, the administrator has the representation of the participants and can act in court against both the condominiums and third parties. It can be sued for any action concerning the common parts of the building; he is notified of the provisions of the administrative authority which refer to the same object. If the citation or the provision has a content that goes beyond the powers of the administrator, the latter is required to immediately inform the assembly of the condominiums. The administrator who does not fulfill this obligation can be revoked (att. 64) and is required to pay damages. Art. 1132 Dissent of condominiums with respect to disputes If the assembly of condominiums has resolved to promote a dispute or to resist a request, the dissenting condominium, with an act notified to the administrator, can separate his responsibility for the consequences of the dispute for the case of losing. The deed must be served within thirty days (2964) from that in which the condominium was informed of the resolution. The dissenting condominium has the right to recourse for what it had to pay to the victorious party. If the outcome of the dispute has been favorable to the condominium, the dissenting condominium who has benefited from it is obliged to compete in the costs of the judgment that it was not possible to repeat from the unsuccessful party. Art. 1133 Measures taken by the administrator The measures taken by the administrator within his powers are mandatory for condominiums. Against the measures of the administrator and recourse to the assembly admitted, without prejudice to the recourse to the judicial authority in the cases and within the term provided for by art. 1137. Art. 1134 Expenses made by the condominium The condominium who made expenses for common things without authorization from the administrator or the assembly has no right to reimbursement, except in the case of urgent expenses (1110). Art. 1135 Attributes of the assembly of condominiums In addition to what is established in the previous articles, the assembly of condominiums provides (att. 66): 1) confirmation of the administrator and any remuneration thereof; 2) the approval of the estimate of the expenses necessary during the year and the related distribution among the condominiums; 3) the approval of the annual report of the administrator and the use of the residual assets of the management; 4) extraordinary maintenance works, creating, if necessary, a special fund. The administrator cannot order extraordinary maintenance works, unless they are urgent, but in this case he must report them at the first meeting. Art. 1136 Constitution of the assembly and validity of the resolutions The assembly is duly constituted with the participation of many condominiums representing two thirds of the value of the entire building and two thirds of the participants in the condominium (att. 67 and following). The resolutions approved with a number of votes representing the majority of those present and at least half the value of the building are valid. If the shareholders 'meeting cannot resolve due to a lack of numbers, the shareholders' meeting on second call resolves on a day subsequent to that of the first and in any case, no later than ten days from the same; the resolution is valid if it shows a number of votes representing the third of the participants in the condominium and at least one third of the value of the building. The resolutions concerning the appointment and dismissal of the director or the active and passive disputes relating to matters that go beyond the powers of the director himself, as well as the resolutions concerning the reconstruction of the building or extraordinary repairs of considerable size must always be taken with the majority established by the second paragraph. The resolutions concerning the innovations provided for in the first paragraph of art. 1120 must always be approved with a number of votes representing the majority of the participants in the condominium and two thirds of the value of the building. The assembly cannot deliberate, unless it is known that all the condominiums have been invited to the meeting. Minutes of the shareholders' meeting resolutions are drawn up and recorded in a register kept by the administrator. Art. 1137 Appeal against the resolutions of the meeting The resolutions taken by the meeting in accordance with the previous articles are mandatory for all condominiums (1105). Against resolutions contrary to the law or to the condominium regulation, any dissenting condominium can appeal to the judicial authority, but the appeal does not suspend the execution of the measure, unless the suspension is ordered by the authority itself (1109). The appeal must be filed, under penalty of forfeiture (2964 and following), within thirty days, starting from the date of the resolution for the dissenters and from the date of communication for the absent. Art. 1138 Condominium regulations When in a building the number of condominiums exceeds ten, a regulation must be formed, which contains the rules on the use of common things and the distribution of expenses, according to the rights and obligations due to each condominium, as well as the rules for the protection of the decoration of the building and those relating to the administration (att. 68 and following, 155) Each condominium can take the initiative for the formation of the condominium regulation or for the revision of that existing. The regulation must be approved by the assembly with the majority established by the second paragraph of art. 1136 and transcribed in the register indicated in the last paragraph of art. 1129 (act. 71). It can be challenged pursuant to art. 1107. The rules of the regulation cannot in any way impair the rights of each condominium, as they result from the deeds of purchase and from the agreements, and in no case can they derogate from the provisions of articles 1118 second paragraph, 1119, 1120, 1129, 1131, 1132, 1136 and 1137 (att. 72, 155). Art. 1139 Reference to the norms on communion Although not expressly provided for in this chapter (att. 156), the norms on communion in general are observed (att. 61-72). IMPLEMENTATION AND TRANSITIONAL PROVISIONS Art. 61 If a building or group of buildings belonging to different owners by floors or portions of the floor can be divided into parts that have the characteristics of autonomous buildings, the condominium can be dissolved and the co-owners of each part can constitute a separate condominium. The dissolution is deliberated by the assembly with the majority prescribed by the second paragraph of art. 1136 of the code, or is ordered by the judicial authority at the request of at least one third of the co-owners of that part of the building whose separation is requested. Art. 62 The provision of the first paragraph of the previous article applies even if some of the things indicated in art. 1117 of the code. If the division cannot be implemented without changing the state of affairs and works are required for the different arrangement of the premises or dependencies between the condominiums, the dissolution of the condominium must be deliberated by the assembly with the majority prescribed by the fifth paragraph of art. 1136 of the code itself. Art. 63 For the collection of contributions on the basis of the state of distribution approved by the shareholders' meeting (Civil Code 1123), the administrator can obtain an immediately enforceable injunction decree, despite opposition (Civil Code 642). Whoever takes over the rights of a condominium is obliged, jointly and severally with this (Civil Code 1292 and following), to pay the contributions relating to the current and previous year. In the event of a default (Civil Code 1219) in the payment of contributions, which has lasted for a semester, the administrator, if the condominium regulation contains the authorization, may suspend the use of common services to the defaulting condominium which are open to separate enjoyment. Art. 64 On the revocation of the administrator, in the cases indicated in the third paragraph of art. 1129 and the last paragraph of art. 1131 of the code, the court provides in the council chamber, with a motivated decree, after hearing the administrator himself. A complaint may be lodged against the court ruling within ten days of the notification (Court Code Civ. 137). Art. 65 When the legal representative of the condominiums is missing for any reason, whoever intends to initiate or continue a dispute against the participants in a condominium can request the appointment of a special curator pursuant to art. 80 of the Civil Code The special trustee must immediately convene the assembly of condominiums for instructions on the conduct of the dispute. Art. 66 The assembly, as well as annually on an ordinary basis for the resolutions indicated in art. 1135 of the code, can be summoned in an extraordinary way by the administrator when he deems it necessary or when requested by at least two condominiums that represent one sixth of the value of the building. If ten days have elapsed unnecessarily from the request, the aforementioned condominiums can arrange the convocation directly. In the absence of the administrator, the ordinary and extraordinary assembly can be convened on the initiative of each condominium. The notice of convocation must be communicated to the condominiums at least five days before the date set for the meeting. Art. 67 Each condominium can also attend the assembly by means of a representative. If a floor or portion of the floor of the building belongs to the undivided property of several people, they have the right to a single representative in the assembly, which is designated by the co-owners concerned; failing this, the President is drawn by lot. The usufructuary of a floor or portion of the floor of the building exercises the right to vote in affairs relating to ordinary administration and the simple enjoyment of common things and services. In the resolutions concerning innovations, reconstructions or extraordinary maintenance works of the common parts of the building, the right to vote instead belongs to the owner. Art. 68 For the effects indicated by art. 1123, 1124, 1126 and 1136 of the code, the condominium regulation must specify the proportional value of each floor or of each portion of the floor due exclusively to individual condominiums. The values of the floors or portions of the floor, matched to that of the entire building, must be expressed in thousandths in a specific table attached to the condominium regulation. In assessing the values themselves, the rent, the improvements and the maintenance status of each floor or of each portion of the floor are not taken into account. Art. 69 The proportional values of the various floors or portions of the floor can be revised or modified, even in the interest of a single condominium, in the following cases: 1) when it appears that they are the result of an error; 2) when, due to the changed conditions of a part of the building, as a result of the elevation of new floors, partial expropriation or low-flow innovations, the original relationship between the values of the individual floors or floor features is significantly altered. Art. 70 For the infringements of the condominium regulations, the payment of a sum of up to one hundred lire can be established. The sum is donated to the fund that the administrator has for ordinary expenses. Art. 71 The register indicated in the 4th paragraph of art. 1129 and the 3rd paragraph of art. 1138 of the code is held at the professional association of building owners. Art. 72 The condominium regulations cannot derogate from the provisions of the previous articles. 63, 66, 67 and 69.
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