AS Condominium meetings are a practice regulated by law and included in the art Horizontal real estate regime. The condominium assembly (or condominium assembly) is an essential figure to guarantee coexistence between the owners and is also a way to reach democratic agreements in the management of the common parts of the building.
Condominium meetings have their own rules. Calling such a meeting must meet a deadline and meet certain requirements. Otherwise, decisions made there they run the risk of being considered valid and effective.
As a condominiumIt’s important to know yours rights and duties.
When can the extraordinary condominium meeting be called? Is it mandatory to attend condominium meetings? Is it possible to participate in condominium meetings remotely? Find out all the answers in this article.
What is the Condominium Assembly for?
Condominium meetings aim at this promote the defense of the owners’ interests and ensure that each co-owner fulfills their duties. The condominium assembly is the administrative body par excellence, having the ability to make decisions that affect the condominium’s available budget.
In the condominium meeting, decisions can be made regarding the common parts of the building, which can prove important. Here are the most relevant ones:
- Appoint the administratorR – the one who follows, more closely, the administration of the condominium. Other functions are the drafting of the budget, the convening of the condominium assembly and the representation of the condominiums before the administrative authorities;
- Prepare the income and expenditure budget relating to each year;
- Approve the budget and run the approved works;
- Determine the rules of the condominium regulations. This includes the use of services and common parts of the building (such as corridors, stairs, lifts, parks, gardens or swimming pools).
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Who can participate in the condominium meeting?
All property owners or their legal representatives can participate, including the condominium administrator.
Types of condominium meetings
There are two types of condominium meetings:
- Ordinary condominium meeting: This is what must be convened and held at least once a year, in the first fortnight of January. At this meeting, the previous year’s accounts and the current year’s budget are presented, as well as other important issues to be addressed;
- Extraordinary condominium meeting: aims to address urgent issues that cannot wait. There is no limit to the number of extraordinary meetings.
The payment of extraordinary condominium expenses, although entailing an increase in expenses for condominium owners, is provided for by law (articles 1424 and 1424-A of the Civil Code). Normally, work is required to be carried out in the building, which may involve the holding of an extraordinary condominium meeting.
Since certain jobs can be very expensive, there is the Common Reserve Fund. As required by law, it is mandatory in all condominiums (it must be deposited with a banking institution) and is specifically intended for the payment of expenses related to the conservation of the building.
A General Peace of mind provides the Multi-risk condominium insurance. Among other protections, we highlight these three:
- Mandatory fire coverage guaranteefor the entire building and protection of the common areas;
- Protection from specific riskssuch as civil liability, storms, floods and electrical faults;
- Damage to condominium contentsrepair of faults due to breakages or blockages of the internal water or sewage distribution network.
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How are condominium meetings called and how often?
The convocation of the condominium meeting must comply with some formal requirements. According to article no. 1431, n. 2 of the Civil Code, must be carried out by the administrator of the condominium or by condominium owners representing at least 25% of the invested capital.
Furthermore, it must be done by registered letter to each condominium owner, 10 days in advance.
Usage: From 2022, the law allows condominium owners who have expressed their wishes in a previously held condominium meeting to be called via email. This will must be recorded in the minutes, indicating the respective email address. In this type of notice, the condominium must at least send a receipt of the warning email.
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How to call the condominium meeting
There is no specific model for calling the condominium meeting. However, there are a series of formalities to follow. Otherwise the condominium meeting and the resolutions adopted therein may be cancelled.
Therefore, the call must indicate the day, time, place and order of work of the assembly and informs about the topics whose decisions can only be approved by unanimous vote.
When can the extraordinary condominium meeting be called?
The reasons for calling the extraordinary condominium meeting are: all those who do not participate in ordinary condominium meetings.
It can also be called cancel a previous decision. Furthermore, it must be called for everyone urgent matters like, for example, carrying out works or when there is a request for change administrator.
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