Condominium Law Attorney in Padua and Venice
Legal assistance in condominium disputes. Challenging board resolutions, apportionment of expenses, millesimal tables and relations with the managing agent.
What to bring to the first meeting
Condominium law governs the life of a building in which multiple owners share common parts, and is governed by Articles 1117 et seq. of the Civil Code, as amended by Law 220/2012. Most conflicts revolve around the decisions of the board and the apportionment of expenses, two areas in which a single defect is enough to generate disputes between unit-holders and the managing agent.
A unit-holder who considers a resolution unlawful may challenge it, but must do so within thirty days of the meeting or of notification of the minutes (Article 1137 of the Civil Code) — a short time limit that, once elapsed, makes the decision final even if defective. The lawyer’s role is to assess in time whether the resolution is voidable on grounds of errors in the notice of meeting, the majority or the subject matter, and to bring the challenge before the deadline. For most condominium disputes, the law also requires mandatory mediation before litigation.
The distinctive feature of this area lies in the apportionment of expenses, where the recurring question is who pays for particular works, and the answer depends on the millesimal tables and the nature of the works, while an error in the apportionment criterion is itself a ground for challenge.
Frequently Asked Questions about Condominium Law
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A board resolution must be challenged within thirty days of the meeting, for those who were present, or of notification of the minutes, for those who were absent (Article 1137 of the Civil Code). This is a short time limit, and once it has elapsed the resolution becomes final even if defective, so the assessment must be made immediately after the meeting.
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The apportionment depends on the millesimal tables and the nature of the works, because some expenses are borne by all unit-holders and others only by those who use a particular common part. An apportionment based on the wrong criterion can be challenged by challenging the resolution that approves it.
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The managing agent may recover unpaid contributions by applying for an injunction (*decreto ingiuntivo*) on the basis of the approved apportionment schedule, which constitutes proof of the condominium debt. The injunction is often immediately enforceable, and this allows swift action against the defaulting unit-holder without waiting for ordinary litigation.
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No, for most condominium disputes mediation is mandatory before litigation. It must be set up correctly, because even at this stage the strength of the position to be taken before the court, should it become necessary, is determined.
Every case is unique and deserves to be heard.
The Firm offers tailored legal assistance designed to respond concretely to your needs. From advice to defence, the protection of your rights necessarily requires a careful preliminary analysis of the matter and an initial assessment of the relevant legal elements. A correct framing of the case is essential for understanding your rights and the most suitable tools to protect them.