Like all forms of aggregation with other people, cohabitation in a condominium must also be regulated so that all owners and tenants can be fully guaranteed of their respective rights to use the property and the common thing. The act entrusted with the heavy task of crystallizing and containing these rules is the by-law of the condo.
What is the by-law of condo and what does it contain?
The condominium by-law represents the act which regulates a series of important aspects relating to the management body. In particular, the by-law contains the rules for the use of common objects and the distribution of charges, according to the rights and obligations of each unit, as well as the rules for protecting the decorum of the building and those relating to administration.
It is therefore all these aspects of life in condo that must be regulated in order to avoid as much as possible the emergence of conflicts between units. This type of internal “payment” is accepted and accepted by the co-owners themselves and the payment also includes the table of thousandths in order to be able to distribute the charges.
In addition to those established by law, the by-law may deepen and discipline other aspects and contents due to the peculiarities of individual condominiums. The rules of the by-law will not in any case infringe the rights of each unit resulting from acts of purchase and agreements, nor may it prohibit the possession of pets. Finally, the by-law cannot derogate from a whole series of provisions of the civil code in terms of condo, including those concerning innovations, the waiver of rights over common parts, indivisibility, the administrator’s obligations, etc.
Contractual or assembly condo by-law
The condominium by-laws can be of different types. The civil code expressly provides for what is known as the condo by-law of the assembly, or agreed and adopted by the condo assembly which approves it by qualified majority, both during training and during review. This type of by-law does not deprive a condo of the rights recognized by law, nor grant other rights.
The so-called contractual (or negotiated) by-law, on the other hand, is prepared by the builder then normally accepted and approved by the units attached to the purchase contracts of the individual real estate of which it becomes an integral part.
Although this by-law is not approved during an assembly, but at different times, it is in fact accepted unanimously by the units and, for this reason, it may contain more important constraints than that of origin of the assembly, limit the rights that individual units have on their respective properties or common parts, extend the powers of some or guarantee to others more important rights than others.
Consequently, this type of by-law must always result from a written document and can only be modified with the approval of all the units.
In cases where the assembly fails to form a condominium by-law, or the administrator does not convene the assembly at the request of the individual unit, it will be possible to appeal to the judicial authority. It will therefore be a resolution of the judge, to replace the assembly, to be responsible for preparing the (so-called judicial) by-law which will be valid for all condos.
Is the condo by-law compulsory?
The Civil Code, in art. 1138, establishes that the condo by-law must be adopted when the number of condos exceeds ten. However, since there is no sanction in case of violation of this obligation, if the condominiums required to adopt a by-law do not do so, their relations will be regularized by the rules governing the use of common things in general .
For condos where this threshold is not reached, the drafting of a by-law is however optional: however, when you decide to adopt an ad hoc act, this will have the same effectiveness as the compulsory condo by-law.
Adoption and modification of condo by-laws
Always the civil code specifies that each joint ownership can take the initiative of the formation of the by-law of joint ownership or the revision of current. The assembly will then have to approve the by-law by a resolution, the number of votes for represents the majority of those present and at least half the value of the building.
For the modification of the contractual by-laws on the condo, however, the consensus of the condos will be required.
Once approved, the by-laws will then be attached to the register of meeting minutes taken over by the administrator and will be valid for all condos. It will be possible for dissidents to challenge it before the judicial authority, according to the procedures provided for in art. 1107 of the Italian Civil Code, within 30 days of the resolution.
It is the task of the administrator, in accordance with art. 1130 of the Italian Civil Code, to ensure compliance with the rules of the condominium, as well as keeping the register of minutes of meetings, to which it will be attached.