Foreclosed property and participation in meetings: the relevant regulations
It is known, indeed, that the condominiums’ assembly decides with the collegial method (which involves rules regarding the calling of participants, agenda, constitution, discussion, voting, minutes) and based on the majority principlealso binding absent and dissenting condominium owners with its resolutions (art. 1137 cc, paragraph 1). The condominiums’ assembly is, therefore, institutionally invested with the ordinary and extraordinary “management” of the common goods (articles 1135 nos. 2 and 4 of the civil code, 1117-ter, 1117-quater, 1120, 1123, 1128 of the civil code). Consequently, it is in the exercise of the rights and management faculties that belong to the individual condominium owners, the administrator and the assembly that the free availability of the condominium property is expressed.
According to article 559 cpc with seizure the debtor is made custodian of the seized assets and all accessoriesincluding appurtenances and fruits, without the right to compensation: in this sense the debtor becomes custodian by law without the need for an express nomination. At that moment, in particular, a change occurs in the title of his possession, becoming, from owner, owner of the property. Once appointed, it is the custodian who “provides, subject to authorization from the enforcement judge, the administration and management of the seized property”. It is true, however, that unless the replacement in custody has no use for the purposes of conservation or administration of the asset or for sale, the enforcement judge can also appoint a person included in the list as judicial custodian of the seized assetsestablished in every court, of professionals who carry out the sales operations or the institution authorized to sell at public auctions.
Foreclosed property and participation in a meeting: the solution to the problem
If the foreclosed property is included in a condominium building, the executed debtor retains the right to participate in the meeting and related resolutions, for the thousandth share to which he is entitleduntil the transfer decree has been issued, this legitimation being linked to the status of condominium, and therefore to the ownership of the dominion right on the property itself. It is consistent with the described regulatory context recognize the executed condominium owner’s continuing legitimacy to participate in condominium meetingsin the absence of one different order of the judge of the execution that burdens the custodian (other than the condominium owner) of such a task; provision which, if adopted, must be brought to the attention of the condominium administrator (Civil Cassation, section II, 10/19/2023, n. 29070).
So The condominium owner must participate and vote at the meeting even if his property has been foreclosed and entrusted to a custodian that is not the condominium owner, unless the enforcement judge has given the custodian different instructions or directives.
