Reform of the building: ok the Senate, now it's up to the House. Here's the news for half of Italian households
go-ahead to the Senate bill to reform the condominium . L'Assemblea di Palazzo Madama ha approvato il testo per alzata di mano con i voti favorevoli di Pdl, Lega e Pd, mentre si sono astenuti i senatori dell'Idv e del terzo polo (Fli, Udc, Api e Mpa). Il provvedimento passa ora all'esame della Camera. Tra i punti principali della riforma c'é il rafforzamento del ruolo dell'amministratore, controbilanciato da un maggiore esercizio dei poteri di controllo da parte dei condomini. C'é poi l'obbligo per gli amministratori di iscriversi ad un elenco presso le Camere di commercio. La riforma punta a ridurre l'elevato grado di litigiosità nei condomini, e il conseguente contenzioso civile, rendendo più snella e trasparente la gestione .
Revolution rules for more than 10 million of apartment buildings
For more than ten million of apartment buildings in Italy, where he lives nearly half of Italian households and that each year enliven 15.6 billion of expenditure, approaching a revolution of the rules.
Condominiums will ask the administrator to provide a guarantee
Reform ( bill As 71) will have a profound effect on everyday life: the role and the guarantees of credit providers, the recovery of money of the owners in arrears to the disposal of community property. "The discussion in the classroom could also be short, given the substantial unanimity in the committee found, "says the speaker Frank Miller. The criticisms are not missed and remain pending in the House, a reform ( bill Ac3682 by Lino Duilio) with significant differences, including the recognition of legal personality, which was rejected in Committee for Justice, but the discussion the House could improve any part of the reform is puzzling operators.
One thing is certain: if the reform had already been approved, probably would not have verified the story of the escape with the case of a director in Milan, a few months ago, which left 8 million € of debt between suppliers and unpaid condominium fees to two thousand families. One of the cornerstones of the reform is the possibility, by condominiums, to ask the administrator to provide a guarantee for an amount equal to the budget of the building. It is in the room (or already in the Senate) this option could become an obligation of the administrator, with adequate financial instruments to allow professionals to provide security without being stifled by the costs involved.
For more than ten million of apartment buildings in Italy, where he lives nearly half of Italian households and that each year enliven 15.6 billion of expenditure, approaching a revolution of the rules.
Condominiums will ask the administrator to provide a guarantee
Reform ( bill As 71) will have a profound effect on everyday life: the role and the guarantees of credit providers, the recovery of money of the owners in arrears to the disposal of community property. "The discussion in the classroom could also be short, given the substantial unanimity in the committee found, "says the speaker Frank Miller. The criticisms are not missed and remain pending in the House, a reform ( bill Ac3682 by Lino Duilio) with significant differences, including the recognition of legal personality, which was rejected in Committee for Justice, but the discussion the House could improve any part of the reform is puzzling operators.
One thing is certain: if the reform had already been approved, probably would not have verified the story of the escape with the case of a director in Milan, a few months ago, which left 8 million € of debt between suppliers and unpaid condominium fees to two thousand families. One of the cornerstones of the reform is the possibility, by condominiums, to ask the administrator to provide a guarantee for an amount equal to the budget of the building. It is in the room (or already in the Senate) this option could become an obligation of the administrator, with adequate financial instruments to allow professionals to provide security without being stifled by the costs involved.
The key points of the reform are, in essence, greater accountability of the Administrator and a streamlining of majority for certain decisions. New products include the possibility of implicit proceed with the sale and division of common shares, through the legal formula of "substitution", to be approved by a majority of the owners representing at least two-thirds of thousandths. The "replacement" you can be terminated when the value of the common areas or when you can otherwise realize the common interest. In this case the meeting is called at least 30 days before. Even the tenants, in addition to the condominiums will ask the administrator to intervene with formal notice to protect the common areas.
innovations for greater efficiency or better use of common parts need to be approved con una maggioranza degli intervenuti all'assemblea e 501 millesimi. Gli eventuali parcheggi sotterranei potranno essere solo pertinenziali. Saranno vietati i lavori nelle singole unità immobiliari che possano nuocere alle parti comuni, anche se consentite da norme edilizie. I condomini morosi verranno subito "attaccati" dall'amministratore, che non potrà attendere più di quattro mesi per agire (e risponde dei danni per il ritardo): potrà ottenere un decreto ingiuntivo dal tribunale e sospendere l'erogazione dei servizi condominiali al moroso.
Aumenteranno, quindi, i poteri e le responsabilità dell'amministratore (il cui mandato diventerà biennale), rendendo più facile il controllo del suo operato; verrà made more transparent accounting condominium, with the obligation to draw up the statement according to the criteria of cash and expertise. In particular, it must state the amounts received and paid during the year, but also receivables and payables. Moreover, there are records of accounts (with the movements in chronological order), a financial summary and an explanation of management, also indicating the outstanding issues, such as the payments in dispute. Under penalty of revocation, the director is required to convene a meeting for the approval of the report within 180 days from the end of the year (usually placed after the end of the cold season in buildings with central heating).
The assembly will vote on the appointment of an auditor
Finally, the assembly will vote on the appointment of an auditor and all stakeholders (condominiums, tenants and suppliers) will see the accounts. Moreover, a corollary of the new responsibilities, the reform provides for a register of directors at chambers of commerce, where all buildings will be noted also administered, it will be possible to collect information from "clients" on the ability of traders who are offering new condo . On this line, ANAC, historical organization in the field, January 28 held in various cities of Italy conferences dedicated the profession, including one in Milan on reconciliation at the Marriott Hotel.
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