Condominium and participation in projects with public bodies: the purpose of the legislator
The standard called above reflects a modern vision of the condominium, conceived not only as a private living space, but also as an integral part of the community and the territory. The legislator of the condominium reform has therefore expanded the faculties of intervention of the bodies of the condominium (administrator and assembly), today no longer limited to the condominium common parts, but also projected to external realitywhen justifying it to safeguard the urban livability, safety and environmental sustainability of the area neighboring the building.
In other words, the rule offers the possibility of contributing to the improvement of the surrounding environment, for the benefit of both the residents and the community.
The authorization or ratification of the assembly
As mentioned, the condominium assembly is allowed to authorize the administrator to participate and actively collaborate in territorial projects and initiatives, promoted by local or qualified private institutions. Art. 1135 cc, last paragraph, does not expressly provide for the possibility of ratification; Consequently it is important to establish whether the assembly can approve an action already accomplished by the administrator or not, recognizing the validity and effectiveness.
The question was examined by the Milan court. In the present case, the administrator had independently entered into, in the name and on behalf of the condominium, A contract for the arrangement to the green area of the municipal sidewalk facing the building, assuming its five -year maintenance and conservation. Subsequently, an assembly resolution established that the expenses relating to the agreement with the Municipality for the arrangement of the Bitcola would be divided “A thousandths of ownership among those who participate”with the exclusion therefore of all those condominiums who had not ratified, or did not intend to ratify, the agreement in question. According to some condominiums, the resolution in question was to be considered nothing, as they concerned services not concerning common parts of the building or condominium assets. The Court of Milan considered the resolution validhighlighting that art. 1135 cc, last paragraph, as above the letter reported, establishes that the assembly can authorize the administrator to carry out the activities provided for by the standard and, therefore, What can be authorized can also be ratified (Court of Milan 15 January 2021, n. 269).
Condominium and installation of a public land video surveillance system: a practical case
The assembly of a supercondominium, Following numerous reports of vandalismhad decided to contribute to the expenditure of the Municipality of Genoa for the installation of a video surveillance system in the public road in front of the building. Subsequently, the report was approved, also in relation to the third item no. 15 of the “general expenses” called “Resolution Ass. Of 12/06/19: contribution expenses to the Municipality of Genoa for installation project of video surveillance cameras (ownership of the Municipality of Genoa) on the municipal parts of the street … .. item to increase the security levels of the various areas subject to vandalisms.
The decisions were challenged by a condominium who complained that he had to spend twenty euros. According to the Court, the resolutions mentioned above were null because adopted by the Assembly in an area that began from its competences, expressing the desire to contribute, together with a public body (the Municipality of Genoa), to the expenses for a video surveillance system. According to the Court of Appeal – which overturned the first instance decision – As part of article 1135, the last paragraph must be included in the vandalism, through the establishment of video surveillance system. It must therefore be allowed to a condominium to contribute in the expenses that increase safety, even if it is a municipal system that will resume the public via (App. Genoa, Section II, 20/07/2024, n. 1136).
