On the subject of exchange of bulbs of the common parts of a House with led bulbs, the Assembly may decide to replace with simple majority.
Lighting in common areas
The lighting of common areas of the condominium is, by its nature and sound unlikely title-retention, anchèesso common good.
This means that the costs of storage, maintenance and usage must be incurred by condos.
The type of expenditure, however, affect the applicable criterion; We bring some examples to explain.
Assume that the system has to comply with the dictates of which d. m. n 37/08 and requiring intervention of retrofitting.
Spending on this kind of work has to be considered in all respects conservation spending, namely a cost to keep that common part way to regularly work and then to maintain its value.
Do not arise doubt that retention spending, saying it is art. first paragraph 1123 c.c.should be divided among all buildings based on thousands of properties.
Clearly if, for example, box and building have different works, and a condominium isjust as the owner of a parking space, then he should not participate in the expense of retrofitting the plant scale, by reason of the provisions of the third paragraph of art. 1123 c.c. (the one that governs the allocation of costs within the so called partialcondo).
Unlike the case of expenditure for the lighting of common areas.
In the case of multi-story building, who lives on the first floor will use the lighting service stairs to a lesser extent than its close of the fourth or fifth floor, or so would bereasoning abstractly (remember that the use of spoken of for the purposes of the apportionment of costs is the potential use and not that of the individual).
In these cases, then, it is up to the condo find a scale that takes into account the use (see article second paragraph 1123 c.c.); often references the table scales. If you were to find agreement even this expense (though on the provision of a service) shouldbe apportioned according to the thousandths of a property.
Replacement light source and payment of expenses
What happens if the condos, with a view to saving energy and so cheap, want to replace the classic illumination in the condominium with a led?
Led bulbs are compared to halogen or to energy saving ones for lower consumption and increased durability, while ensuring that power in terms of lumen similar if not greater with ordinary light bulbs.
Back to the question we posed: this kind of initiative can be considered an innovation?
Absolutely not; Let us recall that for innovations of the common things are, therefore, not all modifications (whatever opus novum), although modifications, such as matter alteration of substantial entities or the changing of original destination, so that the common parts, as a result of the task or innovative works carried out, have a different texture or material are to be used for purposes other than the previous ones(among many : October 1999, no. 11936 .23 Cass; House., October 29, 1998, # 1389;Cass., November 5, 1990, # 10602) (so Cass. May 26, 2006 # 12654).
Replace a light bulb with a different can in no way be considered innovative operation.
This decision can be taken by the administrator within its powers or have to be approved by the Assembly?
It is useful to recall that in accordance with art. 1130 n. 2 c.c. the Director is expected to ensure the use of the services in the common interest, so they secured the bestenjoyment each of condominiums; This policy allows the administrator to act on behalf of the condo but still within the limits of what is decided at the general meetingor otherwise in respect of the status quo which can be amended only where the conditions are not the best enjoyment.
In practical terms: although for changing bulbs is not exorbitant costs, but still not put into spending budget, unless the replacement is not done as a result of the rupture of a bulb, it is good that the complete replacement of each light point is deliberate by the shareholders ‘ meeting, by simple majorities for the first and second call, respectively.
Clearly, this does not alter the fact that the administrator may act ex officio considering this an improvement in the use of common things in terms of costs and benefits; It’s always good to consider, however, that the case law is particularly restrictive in relation to the initiatives of the administrator. in other words: If the Assembly does not ratify it becomes difficult to recover an anticipated expenditure.
Thinking in those terms, therefore, the best solution that any administrator can takeif he wants to act in this respect is as follows: propose to condominiums with its own circular (outside the meeting venue) this change by spreading the expense (that being the functional part of the system should be divided according to thousandths)and asking the dimensions before ordering the replacement bulbs.
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