THE extraordinary works in condominiums they are a delicate issue, as they involve important, often expensive interventions, which require the approval of the assembly and the contribution of all the condominium owners. These are ongoing jobs beyond ordinary maintenancesuch as reroofing, replacing the centralized boiler, or restoring the external facades. The approval of these interventions implies the compliance with precise rules with regards to assembly majorities and the economic management of expenses. Let’s see which ones
Regulatory aspects
The law establishes different majorities depending on the type of intervention and the importance of the work. When it comes to extraordinary works, the reference rule is article 1136 of the Civil Code, which regulates the majorities necessary for assembly resolutions.
At the first call, to approve the extraordinary works, it is necessary that the condominium members representing at least the two thirds of the value of the building and the majority of condominium owners (i.e. 50% + 1 of those present). The resolution must obtain the favorable vote of participants representing at least half the value of the building in thousandths. However, obtaining such presence and majority can be complicated.
For this reason, in many cases we proceed in second callwhere the thresholds are lower. The presence of condominium members who represent is sufficient a third of the thousandths and the majority of those present at the meeting to approve the works, provided that they represent at least one third of the value of the building.
If the extraordinary works concern innovations (such as the installation of a new elevator or photovoltaic panels), the majorities required are higher. In these cases, the favorable vote of the majority of those present and of the condominium owners is required, representing at least two thirds of the value of the building.
Examples of resolutions for extraordinary work
Let us now examine some cases for which it is necessary for the assembly to decide on a resolution for extraordinary works.
Facade renovation: to approve the renovation of the façade of a condominium, a majority of those present and the representation of at least the two thirds of thousandths. In the second call, however, the resolution can pass with the presence of one third of the thousandths and a simple majority of those present. However, if the intervention results in a significant aesthetic improvement, it could be considered an innovation, thus requiring more qualified majorities.
Centralized boiler replacement: the replacement of the centralized boiler is part of the extraordinary maintenance works, but can be complicated by the fact that often new ones must also be respected energy efficiency regulations. If the replacement involves an energy improvement, it could be seen, again, as an innovation, increasing the majority thresholds required for approval.
Elevator installation: installing an elevator in a building that does not have one represents a real improvement. To approve this type of intervention, the favorable vote of is required at least two thirds of thousandths owned. The issue can be the subject of litigation if, for example, the condominium owners on the ground floor believe that they do not have to contribute to the costs, given that they do not benefit directly from the lift.
Special fund
When the assembly decides on extraordinary maintenance works, the law provides for the establishment of a special fund to cover the entire cost of the surgery. This fund is obligatoryas established by article 1135 of the Civil Code. Condominiums must contribute to the expenses based on the thousandths of ownership, and the fund can be fed through a single sum or monthly installments. The creation of the fund guarantees that the works can be carried out without the risk of lack of liquidity, but it can represent a problem for condominium owners who find themselves having to face sudden high financial outlays.
Risks of disputes and appeals
Resolutions approving extraordinary works can be contested from co-owners who do not agree, or who did not participate in the meeting. It is important, therefore, that all the rules of convocation and voting are respected to avoid legal problems. The resolution can be appealed within 30 days of its approval by the condominiums present, or within 30 days of communication of the resolution for those absent. The causes of appeal may include the failure to establish the special fund, irregularities in the convocation of the meeting, violation of the majority rules.
Another aspect to consider is participation in
expenses. Even condominium owners who disagree with the resolution, or who were not present at the meeting, are still obliged to contribute financially to the works, provided that the resolution has been adopted correctly.