The truth about miscellaneous and possible
The speech by Corrado Sforza Fogliani, president of the Confedilizia study center
As a rule, when calling the condominium meeting, the list of topics to be discussed ends with the item "various and possible". II, which mainly raises the following question: can the assembly legitimately deliberate on issues which, in the course of the discussion of this item, should emerge? The answer to the question is no.
According to the interpreters, in fact, only arguments of secondary importance and of little practical importance and, in any case, such as not to require a specific mention and a real resolution can be included in the scope of the item in question.
This is because it is necessary to allow interested parties to decide in advance whether or not to attend the meeting. The Supreme Court is also of the same opinion which, on several occasions, has observed that the notice of call must "specifically" list (under penalty of annulment of the resolution eventually adopted) the topics to be discussed, "in order to understand the terms essential of them and to allow those entitled to make the consequent decisions also relating to participation, directly or indirectly, in the resolution "(cf., ex multis , Cass. Sentence 1511 of 19.2.1997).
An assumption that – following the changes brought about by the reform law of the condominium discipline (LN 220/2012) – we now find codified in art. 66, third paragraph, disp. att. of the Italian Civil Code (where it is established that the notice in question must contain, among other things, as we have seen, "specific indication of the agenda", failing which it is envisaged that it can be challenged pursuant to Article 1137 of the Italian Civil Code) and which therefore confirms – albeit indirectly – how, both for the legislator of the reform and for the jurisprudence of legitimacy, in the context of the item "various and possible" one can only envisage problems to be addressed, or give information, communications and suggestions for future assemblies but cannot instead , under penalty of invalidity of the relative resolution, take decisions.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/la-verita-su-varie-ed-eventuali/ on Sat, 21 May 2022 06:03:58 +0000.