Attending condo meetings can be a frustrating experience, especially when you are in the minority. Finding ways to assert your opinions and protect your rights can seem daunting.
How can you be protected in these situations? What are the strategies and legal actions to take to ensure that your requests are heard?
Let’s look at the key steps together.
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Knowing your rights
To be effectively protected in a condominium meeting, it is essential to know your rights. The Italian Civil Code, in particular in articles 1117 and following, regulates condominium issues and the methods of managing meetings.
These articles regulate crucial aspects such as the distribution of expenses, the use of common areas, and the methods of convening and deliberating meetings.
Each condominium owner has the right to be informed and to actively participate in decisions regarding the management of the condominium. Furthermore, the right to vote is proportional to the thousandths of the property, which means that every decision must respect the principle of equity among the condominium members.
Knowing these rules allows you to know what the prerogatives of each condominium owner are and what the limits are of the decisions that can be taken in the assembly.
If a decision appears to violate one’s rights or is taken in a manner that does not comply with the rules, the condominium owner has the right right to challenge it. For example, a resolution that unfairly distributes condominium expenses can be contested, requiring verification and possible annulment of the decision.
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Verification of assembly resolutions
Resolutions adopted during condominium meetings must always comply with current regulations and condominium regulations. Each condominium owner has the right to check that the resolutions are legitimate and compliant with the laws. If you believe that a resolution is incorrect, you can challenge it.
The appeal must be filed in 30 days from the date of adoption of the resolution for the condominium members present, and within 30 days of receipt of the minutes for the absent condominium members. The challenge may be made through an appeal to the competent court.
It is important to gather concrete evidence to support your challenge, such as minutes, regulations and documentation relating to resolutions.
Resolutions can be challenged if they violate laws, condominium regulations or individual rights of the condominium owners. For example, a resolution that changes the intended use of a common area without the unanimous consent of the condominium owners is illegitimate.
Other situations may include decisions that apportion expenses unfairly or that approve extraordinary work without the necessary majority.
To strengthen your position, it is advisable to draft a detailed document that highlights the points of illegitimacy of the resolution, accompanied by references to the legal provisions and condominium regulations violated.
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Request the support of a lawyer
When you find yourself in the minority and feel like you can’t assert your rights, it can be useful to seek the support of a lawyer specializing in condominium law.
The lawyer can provide legal advice and practical assistance to deal with issues related to condominium meetings.
An experienced attorney can help with:
- Analyze resolutions and verify their compliance with regulations.
- Prepare and submit appeals to challenge unlawful resolutions.
- Represent the condominium owner during meetings, ensuring that his rights are respected.
- Provide advice on how to manage conflict situations and prevent further disputes.
Additionally, the attorney can suggest strategies to strengthen your position at the meeting, such as gathering support from other like-minded condominium owners and arranging preliminary meetings to discuss the issues to be addressed.
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Use the Minutes Register
Every condominium meeting must draw up a report which documents the decisions made and the points discussed. It is essential to read these minutes carefully and request a copy.
The minutes book is a valuable tool for monitoring the activities of the meeting and verifying that the resolutions have been adopted correctly.
If irregularities or decisions made without compliance with the regulations are discovered, it is possible to intervene to have them corrected. For example, if a report does not faithfully report what was discussed or if crucial information is missing, a correction can be requested.
Furthermore, the minutes can be used as evidence in case of legal disputes, demonstrating any violations of the rights of the condominium owners or of the condominium regulations.
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Appeal to the condominium mediator
In case of unresolved conflicts within the condominium, an effective solution can be to resort to the condominium mediator. Mediation is a voluntary process that aims to resolve disputes through dialogue and reaching a shared agreement between the parties involved.
The mediator is a neutral figure who facilitates communication and helps find solutions that satisfy everyone. This tool can be particularly useful for resolving disputes quickly and less expensively than going to court. Mediation also offers the advantage of preserving good neighborly relations, which can be compromised by lengthy legal battles.
During the mediation process, each party has the opportunity to present their point of view and negotiate the conditions of a possible agreement. The solutions reached in mediation are binding only if all parties involved agree to subscribe to them.
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Joining other condominiums
Being in the minority can mean dealing with condominium issues alone, but there are often other condominium owners who share the same concerns. Joining forces with other like-minded condominium owners can increase the strength of your position and make it easier to achieve positive results.
Creating a group of united condominiums allows you to:
- Have a stronger voice in the assembly.
- Collect more easily the signatures needed to request the convening of an extraordinary meeting or to challenge a resolution.
- Share legal costs, reducing the financial burden of potential legal action.
- Exchange information and strategies to address common issues more effectively.
Organizing preliminary meetings and maintaining constant communication between group members can improve cohesion and the ability to influence the assembly’s decisions. Furthermore, the presence of an organized group can lead to a more transparent and participatory management of the condominium.
