The condominium regulation represents the backbone of coexistence in a building, establishing fundamental rules for mutual respect and optimal use of the common areas.
Among the different types of regulations, the contractual regulation stands out for its ability to affect not only the common parts but also those of private property, offering an essential interpretation for understanding how far condominium regulation can go.
Let us therefore explore in detail what the contractual condominium regulation is, outlining its characteristics, obligations and approval methods.
The condominium regulations: an overview
The condominium regulation is an essential document in every condominium, as it defines the rules of behavior and management of the common and private parts of the building.
Through the regulation, for example, silence times are established, the methods of use of the common areas, the tasks of the administrator, and possible sanctions are foreseen for those who do not comply with the provisions.
Fundamental for peaceful and organized coexistence, the regulation is adopted by the condominium assembly, which must respect specific quorums for both participation and representation of the value of the building.
The contractual condominium regulation: characteristics and differences
Among the different types of condominium regulations, the contractual regulation plays a particular role. This document, in fact, stands out for its ability to directly affect privately owned parts and to be able to modify the list of common parts, thus going beyond the provisions of a classic assembly regulation.
The contractual regulation was approved unanimously, which occurs at the meeting or at the time of signing the individual purchase deeds. This unanimity is fundamental because it ensures that each condominium owner agrees on the rules that will regulate life within the condominium, including those that may limit the use of private property.
For example, it can determine restrictions on the use of balconies, the intended use of real estate units or the color of shutters.
Another salient feature of the contractual regulation is its ability to derogate from the general rules on common parts established by law. This means that it can provide, for example, the exclusive assignment of the flat roof or the internal courtyard to certain condominium owners, effectively modifying the distribution of the common areas.
Furthermore, this type of regulation can also introduce criteria for the distribution of condominium expenses other than the legal ones, such as the division into equal parts regardless of the thousandth tables, thus showing a high degree of flexibility and adaptability to the specific needs of the condominium.
Mandatory nature of the condominium regulations
The condominium regulation becomes a mandatory element when the number of condominiums exceeds ten units. This legal provision guarantees that, in the presence of multiple owners, there are clear and shared rules for the management of the common areas and coexistence within the building.
In buildings with ten or fewer real estate units, the adoption of the regulation remains optional, leaving greater flexibility in the management of condominium dynamics.
The approval of the regulation, when mandatory, requires the convening of a meeting that decides by majority, representing at least half of the value of the building. This quorum, known as “500 thousandths,” is crucial to ensuring that decisions made reflect a broad consensus among owners.
In the event that the assembly does not approve the regulation, despite it being mandatory, an individual condominium owner has the right to contact the judicial authority to request its adoption. This protection mechanism allows you to overcome any stalemate or disagreements that could jeopardize the efficient and harmonious management of the condominium.
The two souls of the condominium regulation: Assembly and Contractual
Within the condominium panorama, it is possible to identify two main types of regulation: the assembly one and the contractual one. Both have the purpose of regulating the life and management of the condominium, but they differ in terms of the methods of adoption and scope of the provisions.
The assembly regulations it is adopted by the condominiums' assembly, with a majority that must represent at least half of the value of the building. This type of regulation has a main focus on the common parts of the building, establishing rules for their use and for peaceful coexistence between condominiums. Although it may contain provisions relating to the administration of the condominium and the management of common areas, it cannot directly affect private properties or modify their use without the consent of all owners.
read also: Condominium regulations: what sanctions are there for those who break them?
On the contrary, the contractual regulation takes on a more “fattening” nature, being able to be adopted only with the unanimity of the votes in the assembly or through the acceptance of all the condominium members at the time of the sale of the property, when included in the purchase deeds. Its strength lies in the ability to establish rules that directly impact private properties and to modify the list of common parts, thus offering greater customization of condominium rules based on the specific needs of residents.
This type of regulation represents a binding agreement between all condominium owners, guaranteeing that every provision has been accepted by each owner, giving stability and clarity to the rules of coexistence.
Conclusion
The condominium regulations, both assembly and contractual, constitute a fundamental pillar for the harmonious and efficient management of life in a condominium.
While the assembly regulation focuses on the common areas and peaceful coexistence between condominium owners, the contractual regulation ranges more widely, also affecting private properties and allowing a customization of the rules based on the specific needs of the residents.
This duality offers a necessary flexibility to adapt to different condominium realities, ensuring that each building can benefit from a tailor-made regulatory framework, capable of promoting mutual respect and optimal management of common resources.
