The concept of minimum condominium is a specific and often little-known aspect of Italian condominium law. This type of condominium applies to buildings with only two owners and has special rules that differentiate it from traditional condominiums.
The management of common areas, the rights and duties of the owners, and the applicable regulations are fundamental elements for understanding how a minimal condominium works.
But what exactly does minimum condominium mean and what are its peculiarities? What obligations do owners have and how can they resolve disputes?
Let’s find out together in this article.
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Definition of minimum condominium
The minimum condominium refers to a building composed of only two real estate units belonging to separate owners. In such situations, the condominium dynamics differ significantly from those of traditional condominiums, where numerous owners are involved.
The management of the minimum condominium is simpler and more direct, as decisions regarding the common areas must be taken by mutual agreement between the two owners, without the need for a formal condominium meeting.
L’Article 1117 of the Civil Code Italian, reformed by law no. 220 of 2012, extends the condominium provisions also to minimum condominiums, establishing that the common areas (such as the roof, the stairs, and the foundations) must be jointly managed by the owners.
However, it is not mandatory to draw up a formal condominium regulation, unless requested by the owners themselves to better regulate cohabitation.
The law provides that, in the event of disagreement between owners, each may resort to the judge to resolve disputes relating to the management of common areas. Furthermore, it is possible to appoint an administrator even in a minimal condominium, although it is not mandatory, to facilitate the management of administrative and accounting aspects.
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Applicable regulations
The management of the minimum condominium is mainly regulated by the Italian Civil Code and by law no. 220 of 2012, known as “Condominium Reform“. The latter has introduced significant changes to make the management of even small condominiums, such as the minimum condominium, clearer.
Article 1129 of the Civil Code, for example, establishes that the appointment of an administrator is mandatory only when there are more than eight condominium members. Therefore, in a minimum condominium, the appointment of an administrator is optional, unless otherwise agreed between the owners.
However, the law allows the condominium owners to appoint an administrator to facilitate the management of the common areas and accounting aspects.
Furthermore, Article 1136 of the Civil Code regulates the resolutions of thecondominium meeting. In the case of a minimal condominium, the assembly is not necessary, since decisions must be taken by mutual agreement between the two owners.
If no agreement is reached, you can resort to the courts to resolve the disputes.
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Rights and duties of owners
Owners of a minimal condominium have rights and duties similar to those of owners of a traditional condominium, but with some peculiarities. They are responsible for the maintenance and management of the common parts of the building, such as the roof, stairs, and foundation.
One of the main duties is to contribute to the expenses necessary for the maintenance and enjoyment of the common parts. The expenses must be divided according to the thousandths of the property, unless otherwise agreed between the owners.
If one of the owners refuses to contribute to the common expenses, the other can take legal action to obtain payment.
Furthermore, owners must respect the rights of other co-owners and cannot perform acts that jeopardize the enjoyment of the common areas. For example, they cannot modify the common areas without the consent of the other owner.
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Management of common areas
The management of common areas in a minimal condominium requires close cooperation between the two owners. Since there is no obligation to appoint an administrator, decisions regarding the maintenance, repair and improvement of common areas must be made with the consent of both condominium owners.
In case of need for urgent interventions, each owner has the right to act independently to avoid serious damage to the building, immediately informing the other owner. The expenses incurred for such urgent interventions will be divided equally between the owners, based on the thousandths of ownership.
Routine maintenance includes cleaning the stairs, maintaining the roof, and managing common utilities, such as lighting in common areas. For these activities, the owners can establish a common cash fund, fed by periodic payments from both.
For extraordinary management, such as renovating the facade or changing the centralized boiler, it is necessary to reach an agreement between the owners. If an agreement is not reached, one of the owners can request the intervention of the judge to resolve the dispute.
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Conclusions
The minimum condominium represents a particular form of condominium, characterized by the presence of only two owners. The management of common areas is simplified compared to traditional condominiums, but still requires cooperation and compliance with current regulations.
Italian law offers a clear regulatory framework to ensure harmonious coexistence and the correct management of common areas, protecting the rights and duties of both owners.