Owners’ meetings and resolutions
Review of notice requirements, voting thresholds, minutes and the substance of resolutions, including assessment of possible defects and the grounds for challenging or defending a resolution.
Practice area
Condominium, property and lease disputes
Advice on Italian condominium and property relationships, from documentary review to mediation and, where necessary, court proceedings.
Request a consultation01
Overview
Condominium and property disputes often involve a combination of title documents, regulations, owners’ resolutions, technical evidence and conduct extending over time.
A matter that initially appears limited — such as allocation of a service charge, water ingress, use of a common area or breach of a lease — may require careful legal and technical reconstruction before responsibility and the available remedies can be assessed.
The Firm advises condominiums, managing agents, owners, individual unit owners, landlords and tenants at the preventive and negotiation stages and, where necessary, in court proceedings in Italy.
02
Services
Advice tailored to the individual case
Principal areas of assistance
Service charges, allocation tables and arrears
Advice on allocation criteria, millesimal tables, annual accounts, balancing payments and recovery of unpaid condominium contributions.
Managing agents, accounts and records
Assistance with the duties and potential liability of managing agents, access to records, approval of accounts and the regularity of condominium management.
Building works, contracts and defects
Advice on ordinary and extraordinary works, building contracts, defective performance, construction defects and dealings with contractors, works supervisors and other professionals.
Water ingress, nuisance and damage
Investigation of the source of the problem, identification of the affected property and relevant parties, assessment of responsibility and evidence of the loss actually sustained.
Common areas and privately owned units
Disputes concerning use of common parts, alterations, installations, parking, façades, balconies and terraces, and the balance between an owner’s rights and those of the other participants.
Ownership, easements, boundaries and possession
Protection in disputes between property owners involving boundaries, statutory distances, easements, co-ownership, possession, occupation and acquisition by adverse possession under Italian law.
Residential and commercial leases
Drafting and interpretation of leases, rent and ancillary charges, breach, termination, possession proceedings and issues specific to residential or non-residential lettings in Italy.
03
In depth
Documentary and technical reconstruction
A sound assessment of a property dispute requires coordinated examination of title deeds, condominium regulations, meeting minutes, millesimal tables, contracts, accounts, land-registry records, plans, correspondence and photographic evidence.
Where the nature of the matter requires it, the Firm works with managing agents, surveyors, architects, engineers, valuers and accounting advisers so that technical and legal issues are identified separately and addressed coherently.
04
In depth
Mediation, settlement and court proceedings
Under Italian law, many disputes concerning condominiums, property rights and leases require an attempt at mediation before court proceedings may be commenced. This stage can clarify the parties’ positions and test whether a workable settlement is available.
Where settlement is not realistic, or urgent protection is required, the strategy is defined by reference to the appropriate claim, the evidence available, proportionate costs and the practical value of the relief sought.
05
Approach
Analysis, strategy, representation
The Firm’s approach
- 01
Review of title and facts
Collection of the relevant records, chronological reconstruction of events and examination of title deeds, resolutions, contracts and technical evidence.
- 02
Strategic assessment
Identification of the rights capable of protection and comparison of correspondence, negotiation, mediation, technical assessment and court proceedings.
- 03
Management and representation
Assistance in dealings with managing agents, other parties and technical advisers, during negotiations and throughout any proceedings required to resolve the dispute.
06
FAQ
Essential information
Frequently asked questions
Can a condominium resolution be challenged?
Yes, where it is affected by a legally relevant defect. The type of invalidity, the unit owner’s position and the applicable time limit and procedure must be identified promptly in each individual case.
Who is responsible for damage caused by water ingress?
This depends on the source of the ingress, ownership or custody of the area from which it originates, and the causal link with the damage. A technical inspection and complete evidence of the resulting loss are often required.
Are condominium charges payable by the owner or the tenant?
The condominium’s claim against the owner must be distinguished from allocation of charges between landlord and tenant. The lease, the nature of the cost and the applicable rules determine responsibility as between the contracting parties.
Is mediation always required?
For many Italian disputes concerning condominiums, property rights and leases, mediation is a precondition to commencing court proceedings. The precise claim and any statutory exception must nevertheless be checked.
Can a landlord recover possession of a rented property?
Possession must be sought through the procedure applicable to the particular lease and legal ground, such as arrears, expiry or another breach. Unilateral recovery outside the prescribed process is not permitted.
Contact
Initial assessment
The first step
Request an initial assessment of your case
You may send the available documents to the Firm and request an initial consultation to reconstruct the relevant events, identify the material legal issues and assess the most appropriate course of action.