How does the condominium assembly work in the case of co-owners?
The speech by Corrado Sforza Fogliani , president of the Confedilizia Study Center, on what you need to know in the event of a condominium assembly if you are a co-owner
In the condominium context, the circumstance that a real estate unit belongs in undivided ownership to several subjects generally raises some questions. Among these, two, in particular, are recurring. The first: who participates in the condominium meeting representing the other co-owners need a specific proxy? The second: is the co-owner who participates in the meeting bearer of the entire thousandth share of the undivided real estate unit?
Let's take a closer look at these aspects starting with the first question.
In this regard, it should be noted that, although the supporter of the thesis should be shared that whoever participates in the condominium meeting representing the other co-owners does not need a specific delegation from the latter, being himself a condominium, it should also be highlighted that the principle introduced by the legislator of the reform regarding the need for the written form for the participation of the delegate to the condominium assembly, leads to the belief, similarly, that the intervention as representative of the community must in any case be proven by suitable documentation (which may be the minutes of the meeting of the Communists bearing the designation in question). And, consequently, that the lack of said documentation legitimizes the exclusion of the person who qualifies as a representative from participation in the meeting.
As for the second question, having specified that in order to calculate the number of condominiums it is necessary to have regard to the number of real estate units that are in separate and distinct ownership with respect to the others, with the consequence that the owner of several real estate units is always to be counted on the basis of a condominium and that any co-owners of the same real estate unit are to be calculated, they too, as a single condominium, it is quite clear that the co-owner who participates in the meeting can only be the bearer of the entire thousandth share of the undivided real estate unit .
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/come-funziona-lassemblea-di-condominio-in-caso-di-comproprietari/ on Sat, 26 Nov 2022 06:38:35 +0000.