One of the most common fears when living in a condominium or apartment building concerns the approval of renovation work or extraordinary maintenance. "What happens if the assembly approves an expense that I do not want to pay?" or "Can I block the work?"
Let’s clarify what the law says and how the principle of majority rule works.
1. The Majority Principle In a condominium setting, unanimity is not required (except in very rare cases); instead, the majority principle applies. If the assembly was properly convened and the resolution reaches the required number of votes (heads) and thousandths (millesimi) as per the law, the decision becomes mandatory for everyone, including those who voted against it or were absent. Note: For significant extraordinary maintenance work, the second call usually requires a majority of those present, representing at least 500 thousandths.
2. When is it possible to object? There are specific cases where an owner can challenge a resolution before a judge:
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Formal Defects: Failure to notify an owner of the meeting, an incomplete agenda, or errors in the calculation of thousandths.
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Burdensome or Voluptuary Innovations: If the works are not necessary but are simply very expensive "improvements" (e.g., installing a second luxury elevator), the dissenting owner can ask to be exempt from the cost, provided the work is separable.
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Violation of Individual Rights: If the works damage a single owner's private property or excessively limit the use of common areas.
3. The Deadline for Challenges If you believe a resolution is invalid (voidable), you have a strict timeframe to act:
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30 days from the date of the resolution (for those present who voted against or abstained).
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30 days from the date of receiving the minutes (for those who were absent).
4. Who pays in the event of a sale? This is the point that matters most to us at Domus Sicilia Immobiliare. If you sell your home after works have been approved:
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Ordinary expenses are the responsibility of whoever is the owner at the time the service is enjoyed.
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Extraordinary expenses are generally the responsibility of whoever was the owner at the time of the final resolution.
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Expert Advice: During the closing (rogito), it is essential for the seller to provide a statement from the building administrator confirming the status of all payments.
Looking to sell or buy an apartment in a building? Legal issues and approved expenses can be daunting, but with the right advice, every obstacle can be overcome. At Domus Sicilia Immobiliare, we analyze all condominium documentation to guarantee you a serene transaction without surprises.
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