Community or association of owners

1. Does your national law envisage that the owners of the apartments are organised in any type of association or community to take decisions about common interests in the building or block which their apartments belong to?

The owners manage the common assets following decisions taken by majority of the assembly (Articles 1135, 1136 and 1137 of Civil Code).

When it is necessary to decide about selling or buying common assets, the related decisions must be adopted unanimously, instead.

2. In this case, does Law this association have a legal personality?

The Italian legislation doesn’t award legal personality to the condominium, but it recognizes legal unity to it for some purposes, for example to bring a lawsuit against those proprietors who haven’t paid for common expenses.

The administrator of the condominium represents all the co-owners but the holders of the rights are only the single owners (Art. 1131 Civil Code).

3. Otherwise, are these matters dealt with under the ordinary regime for co-ownership, or are there special features in these cases?

The rules concerning ordinary co-ownership are applicable only when no specific rules about condominium can be found (Art. 1139 Civil Code).

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