How (according to the law) condominium disputes are resolved
The intervention of Corrado Sforza Fogliani, president of the Confedilizia Study Center, on mediation and condominium administrator
The ordinary rules dictated by the aforementioned Legislative Decree no. 28/2010.
Thus, at the time of submitting the mediation request, the head of the body must take action to designate a mediator and set the first meeting between the parties no later than thirty days from the filing of the application (unjustified absence – in the case of the dispute arrives before the judicial authority – will involve the payment of a sum equal to the unified contribution due for the judgment).
During the first meeting, the mediator must invite the parties and their lawyers (whose participation is mandatory) to express themselves on the possibility of initiating mediation and, in the event of a positive outcome, will proceed with the process. On the contrary, in the event of a negative outcome, the procedure will be considered concluded: the condition of admissibility will in any case be considered fulfilled (so that it will certainly be possible to appeal to the judicial authority) and no compensation will be due to the conciliation body.
All this taking into account, however, the provisions of the fourth paragraph of art. 71 – quater avail. att. cod. civ., according to which if the terms of comparison before the mediator do not allow to take the legitimacy resolution in favor of the director, it is possible to obtain, upon specific request to that effect, "suitable extension" of the date of first appearance. A prediction, this, presumably dictated in consideration of the difficulties that may arise in the condominium to reach a decision on the point, but which, evidently, risks lengthening the time of the procedure.
It will be easy, in this regard, to underline that it is better for everyone to extend the time, but to do things in order, rather than going "the Garibaldian" and doing things in the wrong way, with what follows (and which often does not materialize in a waste of time, but in something far more serious).
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/come-si-risolvono-secondo-la-legge-le-liti-condominiali/ on Sat, 17 Sep 2022 05:42:56 +0000.