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Delibere annullabili e delibere nulle

The distinction between decisions void or voidable assumes considerable practical significance because of the appeal voidable resolutions may be submitted necessarily in penalty of forfeiture, within 30 days, commencing on the date of the resolution for blocks present at the meeting or from the date of communication of the same act for the absent.
This is a mandatory term and its course can not be stopped, question because of the limitation period and not limitation. The resolutions void may instead be challenged at any time, however, even the building which, with its vote, has helped to approve them.
vices that determine the nullity should therefore be made by the housing assert that there is interest, not later than thirty days required by law. After this time the resolution, while illegally employed (and therefore potentially voidable), becomes de facto authority for all condominiums. During the time for any appeal, the administrator will wait for the diligent and responsible for its course before proceeding to implement especially of those resolutions passed by a majority or at least in the presence of a few condominiums.
The appeal aims to be reported to the judicial building in the person of its chief pro-tempore. The condo, in fact, not being a legal person is established, however, a management entity, has no office in the technical sense that, when acting within the building has not designated a place expressly designed and used to the fact 'organization and conduct of condominium management, is coincident with the private address for the administrator who represents the (Supreme Court, Case No. 16,141).
Although the term 'action' used by legislature for such an appeal, requirements urges settlement of issues which may hinder or cripple the condominium management, require the use of a summons. The assessment that is established following the commencement of the appeal and a real lawsuit, by which you go to establish compliance with the law or act of building regulations.
As said before, and to demand the reform of an assembly, it is not enough to send by registered mail, under the terms of a mere statement of administrator's complaint itself. Instead, you must establish a trial that will find its natural conclusion with a preliminary ruling by the judge assigned to act.
The deadline for challenging the decisions of law is suspended from 1 August to 15 September each year, to coincide with the period of suspension of the procedural time working. The effects of the appeal. The proposition of the appeal does not suspend the effectiveness of the contested decision, however, may be made for its suspension and the court will decide to give, if it sees that the slope of the proceedings, the decision that you may cause to the complaint condominium irreparable harm.
is not that the pecuniary damage, such as that resulting from the incorrect to the condominium application of a criterion of apportionment of costs or the failure to credit a payment instead of executed. The court, however, is not called upon to substitute its decision for that void or unlawful assembly, he merely having to declare the illegality or invalidity of a resolution passed by the meeting (April 20, 2001 Supreme Court No. 5889 ).

The union of the court on the deliberations of the Assembly can not extend to credit assessment and control of discretion exercised by the Assembly, but must be limited to investigation of legitimacy. He has therefore prevented any assessment of merit about l’opportunità, la convenienza, la saggezza o la ponderatezza della decisione assunta dai condomini in assemblea, salvo che questa non si traduca in violazione di specifiche norme legislative o regolamentari.
L’annullabilità in sede giudiziale di una delibera per ragioni di merito attinenti l’opportunità o la convenienza della gestione del condominio è configurabile solo nel caso di decisione viziata da eccesso di potere, cioè per un grave pregiudizio per la cosa comune.

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Liti condominiali troppo lunghe, chi può chiedere il risarcimento del danno?

Importante sentenza della Corte di Cassazione relativamente alle liti condominiali ed alla loro eccessiva durata.
Vediamo perché .
In Italia, in virtù dell’adesione the Convention for the Protection of Human Rights and Fundamental Freedoms (enforced by LN 855/1948), every person is entitled to a reasonable duration of process (civil or criminal) that involves.
This means that the procedure can not be too long .
Failure to comply with this rule has the consequence for the person concerned the right to obtain relief for the loss suffered .
The significant point is the ' art. 2 of 89/01 ln (cd Pinto Act regulating precisely the fair compensation in case of unreasonable duration of the process) that: who has suffered economic or other damage due to violation of the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified under Law 4 August 1955, No 848, in terms of non-compliance within a reasonable time under Article 6, paragraph 1 of the Convention, has the right to a fair repair .
Other articles of the law Pinto specify: what is the
- form of the question to be submitted;
- judge who is competent to decide ;
-what are the deadlines to be met for not incur disqualification
Over time there has been placed the problem of identifying the subject entitled to act to obtain compensation.
In fact, the excessive brevity of the law (which simply means those who have suffered damage ...) does not help.
If the damage was sustained by a natural person (a private citizen to understand) the problem does not arise.
Similarly, the Supreme Court has extended this right to the so-called legal persons (corporations, Ltd. or spa type, but also partnerships, such as CNS or SAS).
The problem had not yet been addressed by the condominium . With the ruling
No 22558 of October 23, 2009 , the legitimacy of judges clarify (for those cases in which the condominium is a party and is entitled to compensation) who is the legitimate subject to seek damages . According to the Court of Cassation
administrator, unless authorized in writing by all the condominiums, will not need to get this kind of compensation .
fact, he is a representative of condominiums only in relation to the management and conservation of the common parts of the building and not for other issues.
There is no doubt, In fact, says the Supreme Court, that the right to fair compensation for the duration of a process is not unreasonable burden is on the condominium that is offered only in the conduct of joint because any father's mood following the slope of process affects only the blocks that are then used singuli holders the right to compensation (so Cass. October 23, 2009, No. 22558 ). In essence, the
right to compensation for damages is a right inherent in the person of condominiums and the common parts of the building from the same village.
This means that if the ' acting administrator per questo indennizzo, autonomamente o sulla base di una semplice delibera adottata a maggioranza, si vedrebbe eccepire la carenza di legittimazione a stare in giudizio , ossia il giudice non potrebbe far altro che constatare che quel soggetto non aveva diritto d’iniziare la causa.

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Condominio più sicuro grazie agli amministratori

http://www.amministrazionestabili-case.blogspot.com Seminario Anammi / Ispesl. Condominio più sicuro grazie agli amministratori

In un seminario organizzato dall’ ANAMMI, l’ Ispesl ha approfondito i punti essenziali del Testo Unico della Sicurezza, sottolineando l’ importanza del ruolo dei professionisti with regard to risk assessment el 'information to employees.

The building is considered a workplace ,
the same way as a 'company, so the' administrator must assess any risks to those who
operates. This is the conclusion of the seminar, organized in recent days by 'ANAMMI in collaboration with the' Ispesl, and dedicated to 'implementation of the Consolidated Security (Legislative Decree 81 of 2008) within the pool.

to clarify the philosophy and content of the measure on health in the workplace, according to case, it was Carlo Vito Magli, Director of ' Office of Legal Affairs' National Institute of Occupational Safety and Prevention. In particular, during the seminar was repeated assurance that the position of 'director takes in' meet the requirements for safety of the owners and others who may come into contact with the 'building of multiple dwellings.

In this context, it becomes the central 'processing of the document Risk Assessment (DVR), which is the document which is formalized' s analysis of the real risks for those working in the common areas (goalkeepers and related operators, such as custodians, gardeners, staff responsible for the supervision of the swimming pool or sports fields).
Although the decree does not expressly provided for the 'duty to file a document, however, stressed Magli, "what does not, for the' administrator 's obligation to evaluate the risks or possible in the building in order to inform exhaustively the workers and provide them with protective equipment and appropriate work equipment ".

In other words, the lack of provision of 'obligation risk assessment concerns only the aspect of' written report of the evaluation document, not the 'assessment activities in the strict sense as repeatedly affirmed by the Court. The same worker for that concerning his professional field, must be adequately trained on the basis of appropriate certification.

However, compared with a requirement to draw that there 'is, it is not easy to propose, in meeting home ownership, the spending process the DVR, which, with the help of a qualified technician can better predict risk inconspicuous but significant . In particular, such risks relate to the actual workplace, risk factors (from 'fire
allergenic and chemical agents, via electrical appliances) in addition to the dangers arising from' use of products and machines, like gears work.

For Joseph Bica, presidente dell’ ANAMMI, il D.lgs. n. 81 del 2008 si basa su una cultura della sicurezza che soltanto amministratori competenti possono affermare di possedere. Ecco perché l’ ANAMMI intende proseguire il percorso avviato con l’ aiuto dell’ Ispesl, nella consapevolezza che soltanto così è possibile garantire sia la professionalità dei nostri associati sia gli utenti finali del nostro lavoro, ovvero i condòmini .

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L’"intelligenza" il futuro degli impianti di illuminazione

L’"intelligenza" il futuro degli impianti di illuminazione I nuovi sistemi per la gestione delle luci nei grandi impianti consentono risparmi fino al 75% Editorial GreenCity Published: 02/11/2009 category Environment.

intelligent lighting systems are slowly gaining the favor of owners and managers of apartment buildings, due to their ability to save energy and to a factor (ROI ritono on investment) in favor .
expenses for lighting represents about 25% of total electricity consumption of a building. Systems developed with the most modern techniques and materials are gtrado to cut these costs. A
improve not just the electricity bill of the building, but also its environmental assessment and its overall economic value.
The most striking examples come from America. Gary Meshberg, commercial director of Encelium Technologies, a manufacturer of Energy Control System (ECS), is confident that intelligent systems such as those of his company represent the future of lighting in large buildings. ECS uses network technologies in comnbinazione with software and hardware for control, which can be integrated with systems and air conditioning, security and even irrigation.
An I / O (input / output) universal allows connection to standard lighting components, such as low-voltage bulbs, but also the installation of light sensors or presence of a digital control system on and off the lights. The software allows you to manage and control the amount of light at any point - not only local, but even workstations within the open space - independently and directly from the personal computer of each person.
ROI (return on investment) of an intelligent system of this kind is very favorable, according Meshberg. ECS would be able to reduce lighting costs 50 to 75 percent, allowing the return from the investment costs in just three years. The Rogers Centre, sports and entertainment complex in Toronto, with about 7000 points of light, cut electricity consumption by 77%, for a total of 3,731,000 kWh per year, with the installation of ECS, for a total savings of $ $ 300,000 .

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Condominio: cosa cambia per gli ascensori

Condominium: What changes to the elevators

Since last September 1, entered into force a new Order introducing rules aimed at improving the level of safety of lifts Monthly . The parties do not breach these rules suffer penalties of a fine, but may be subject to a revocation of the authorization for the use of ' same elevator.