Statutes

1. Are statutes governing a condominium subject to registration or not?

2. Which statute clauses would you emphasise or consider more relevant?

3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.

4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?

5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?

In Italy there are two types of condominium statutes, although the distinction is not provided by the law.

The regolamento assembleare is approved by the assembly of proprietors with a majority provided by law. It can not affect the right of the owners on exclusive units nor on communal areas but has a purely regulatory function.

The regolamento contrattuale  is approved by all owners. It is usually attatched to the contract between the builder and the single  buyers.

In Italy, only  the regolamento contrattuale, signed by the proprietors of a condominium, can restrict the rights even on exclusive elements.

In Provincia Autonoma di Trento, where we have a Title Registration system and not a Deeds Recording system it is not possible to register a statute.

Obviously as consequence, in case of statements contrary to the law contained in the statute the Land registry cannot refuse registration.