The decisions of the Assembly
The jurisprudence has already said that the power to resolve the majority of the assembly modification of the methods of implementing the waste disposal service and, consequently, being non -indispensable common parts for the development of it, the Decision to seal the so -called dustbin rods (unloading columns of condominium waste) now obsolete and antigenic.
There is no doubt that, as a result of the sealing that prevents the use of that method of carrying out the condominium service inherent in the transfer of waste, The banging rod loses its original destination. However, condominiums could always use this cavity to house a new counter and a possible hot water production boiler. It is peaceful that the individual condominium can use – with the limits provided for by article 1102 cc – the common thing to its liking, according to its needs and conveniences, and in its entirety, regardless of whether it is the owner of a greater or lesser share of the co -ownership subject to the value of the exclusive property (the criterion of proportionality resumes vigor, instead, when it is to determine, on the active side, the “weight” in the meeting. vote, and, on the passive side, the “measure” of expenses).
The most intense use of the common thing makes a limited exclusive use of the same admissiblesince the use must be compared to the function of the common good; So if it does not affect the substantial usability of the thing by the other condominiums, it must be considered fully legitimate. The above is even more so that a resolution allows a change of intended use of the dustbin cane, authorizing the exploitation of the cavity in question by the individual condominiums concerned. The possible authorization to make these changes granted by the Assembly must therefore attribute the value of Mero recognition of the non -existence of interest and concrete claims of the other condominiums Compared to the concrete use of the common good that wants to make the individual participant (Cass. Civ., Section II, 20 February 1997, n. 1554).
The revocation of the authorizations of the Assembly to the use of the dustbin cane: a recent case
THE’authorization granted by the Assembly For the use or execution of works implicating changes to the common parts of the building pursuant to art. 1102 cc by the individual condominium, in their own interest and at its own expense, in order to achieve more intense use, It cannot be productive of an autonomous acquired rightbut has the value of mere recognition of the current non -existence of an opposite interest or of concrete claims of other condominiums to this type of use of common parts.
In one case examined by the Turin Court, the assembly of an condominium had authorized the conductor of a condominium with a precariousUse of the former unchallenged unloading column of condominium ownership such as chimney cane; The conductor had expressly committed to realizing the interventions necessary to eliminate unpleasant odors coming from the dustbin canna, works never made. Subsequently the property was sold and the new condominium He claimed to use the dustbarial rod in the same way. However, the Assembly revoked this authorization. The new condominium challenged the resolution. The Turin Court has fully gave the condominium right.
According to the judge, the original destination of the column was that of unloading the waste of all the condominiums and the mere fact that the new legislation no longer allows this use that does not legitimize a single condominium a completely change the destination and use it exclusively. This reasoning cannot be questioned only because the condominium has for a certain period agreed to a different use of the former exhaust column. Moreover, this authorization was precarious and with the express exclusion of any right to the condominium head. The Court therefore recognized the full legitimacy of the choice of condominiums of wanting revoke this consent in order to be able to make common use of it. Moreover, it emerged that the use as a flue of the former drain column has continued to create serious discomfort to all the other condominiums I await theintolerability of smells and fumes coming from the same: In this case, the resolution is certainly not a “sister”, but the legitimate exercise of the right to prevent the non -legitimate use of a common party (Trib. Turin January 14, 2025 n. 199).
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