In the complex and multifaceted world of condominium management, the thousandth tables they play a crucial role, representing the ownership shares of each condominium owner in the common areas and condominium services. These tables, fundamental for the correct distribution of condominium expensesmay sometimes have errors that require correction.
The issue of incorrect thousandth tables raises complex questions about the ways and mechanisms through which the necessary changes can be made, a topic that often generates debate and requires a clear understanding of current regulations.
This article aims to provide a detailed guide on how to address and correct any errors in the thousandth tables, exploring the procedures, the majorities required for resolutions at the meeting and the legal remedies available, thus offering an essential clarification for condominium administrators and condominium owners themselves.
Regulations and procedures for correcting thousandth tables
When errors are discovered in the thousandth tables, it is essential to act in accordance with current regulations to ensure that any changes are legitimate and legally recognized. The Italian Civil Code, with the support of the implementing provisions, provides a clear regulatory framework for the management of such situations.
In particular, thearticle 69 of the implementing provisions of the Civil Code establishes that the proportional values of the individual real estate units, as reported in the thousandth tables, can be corrected or modified following two distinct paths: theunanimity or the qualified majority.
Article 69
The proportional values of the individual real estate units expressed in the thousandth table referred to in article 68 can be rectified or modified unanimously. These values can be rectified or modified, even in the interest of a single condominium owner, with the majority provided for in article 1136, second paragraph, of the code, in the following cases:
1) when it turns out 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 superelevation, increase in surface areas or increase or decrease in real estate units, the proportional value of the real estate unit is altered by more than one fifth, even by a condominium only. In this case the related cost is borne by the person who caused the change.For the sole purpose of reviewing the proportional values expressed in the thousandth table attached to the condominium regulation pursuant to article 68, only the condominium in the person of the administrator can be sued. The latter is required to inform the condominiums' assembly without delay. The administrator who does not fulfill this obligation may be revoked and is required to pay compensation for any damages.
The rules referred to in this article apply to the correction or revision of the tables for the distribution of expenses drawn up in application of legal or conventional criteria.
Unanimity is required for changes that do not fit into specific circumstances. However, the legislator has foreseen the possibility of making changes even in the interest of a single condominium owner, using the majority provided for by article 1136, second paragraph, of the civil code.
This is possible in the following cases:
- When errors are evident and documentable;
- When significant changes in the structure of the building, such as elevations or surface modifications, substantially alter the proportional value of one or more real estate units.
This last point is particularly relevant, since it ensures that the thousandth tables always reflect the current conditions of the building, thus guaranteeing a fair distribution of condominium expenses.
In case of failure to reach an agreement at the meeting, each condominium owner has the right to turn to the judicial authority to resolve the dispute. This safeguard mechanism is crucial to protect the rights of individual condominium owners and ensure that no one is unfairly penalized by errors or omissions in the thousandth tables.
The judge, through the use of official technical consultancy, can determine the necessary changes, making the new tables effective from the moment of their implementation.
This balanced approach between assembly solutions and recourse to justice underlines the importance of careful condominium management that complies with the law, guaranteeing fairness and transparency in the distribution of condominium expenses.
Practical implications and administrator responsibilities
Once the need to correct the thousandth tables has been identified, it is essential to understand the practical implications of this process and the key role of the condominium administrator. The administrator represents the fulcrum of condominium management, having the task of ensuring not only the correct execution of the assembly decisions, but also compliance with the regulations in force.
According to the legislation, the administrator is required to inform the condominium members' meeting about the need to correct any errors in the thousandth tables. This communication obligation is fundamental to guarantee transparency and active participation of condominium owners in decisions regarding condominium life.
Furthermore, the administrator plays a crucial role in facilitating the correction process, coordinating the necessary interventions and ensuring that the changes are made correctly and in compliance with the assembly resolutions.
In the event that the director fails to fulfill this obligation, he may be removed from office and may be required to pay compensation for damages that his inaction or negligence has caused.
Consequences of changes to the thousandth tables and practical advice
The updating or correction of the thousandth tables has significant implications for condominium life, influencing not only the distribution of expenses but also the voting and decision-making dynamics within the assembly.
The changes have a constitutive effect, meaning that the new tables completely replace the previous ones, reflecting the new proportional values starting from the moment of their adoption. This change can have a direct impact on the share of condominium expenses attributed to each condominium owner and on the majorities required for assembly decisions.
It is therefore essential that each modification procedure is conducted with the utmost attention and precision, following current regulations and ensuring effective communication between the administrator and condominium owners. Here are some practical tips to manage this process efficiently:
- Thorough verification: Before starting the modification process, it is essential to carry out a thorough check of the existing thousandth tables, precisely identifying errors or discrepancies that need correction.
- Expert consultation: In case of complex errors or to evaluate the implications of substantial changes, it may be useful to consult experts in condominium matters, such as surveyors or architects, who can provide a qualified technical opinion.
- Transparent communication: The administrator must ensure clear and transparent communication with the condominiums, promptly informing them of the need to modify the tables and illustrating the reasons and implications of the proposed modifications.
- Assembly resolution: The decision to modify the thousandth tables must be taken by the condominiums' assembly, following the majorities required by law and carefully documenting the resolution.
- Formal update: Once the modification has been approved, the new thousandth tables must be formally drawn up and integrated into the condominium regulations, ensuring that they are accessible to all condominium owners.
Through these steps, it is possible to manage changes to the thousandth tables effectively, minimizing potential conflicts and ensuring that each condominium owner is treated fairly, in line with the new conditions of the condominium.