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We must consider the problem of starting work in an acceptable time frame. Each situation must be evaluated on a case-by-case basis, there are no infallible rules
by Saverio Fossati
We have to consider the problem of starting the work in an acceptable time. Each situation must be evaluated on a case-by-case basis, there are no infallible rules
2 ‘reading
After the uproar caused by the reform to the conversion law of Legislative Decree 125/2020, approved by the Senate, which allows the tele-assemblies to pass with the “prior consent” of only the majority of condominiums, it is worth examining in a way realistic the possibilities offered by the current regulatory and health framework. Otherwise, between unrealistic projects and sterile and quirky closings, the damaged ones will end up being the only condos, not benefiting from the opportunity to take advantage of the super bonus of 110%.
How to avoid litigation
Potential litigation should be avoided at all costs, which runs the risk of undermining the superbonus operation. Let’s try to consider that:
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1) The valid alternative of “total” remote assembly, even with the simple preventive majority of consensual condos, is realistically possible and undisputed, a bit like the “mixed” assembly, only if the condo is medium-small and if all of done, I agree to do it (in this situation, even prior unanimity makes sense). In either case, the administrator should have a “map” of how the assembly is to be configured;
LAB24 / Answer the questions to check if you are entitled to the benefit
2) the solution with fewer formal conditions would be the “mixed” assembly, convened in the traditional way in a physical place and where before the start the administrator, who will have indicated the use of a telematic platform as possible, is concerned with verifying the vote unanimous of those present (present and remote) on the legitimacy of online participation. In this way, working on the concept of “prior consent” referred to in paragraph 6 of article 66 of the development provisions of the Civil Code, the unanimity of the condominiums would be rendered useless;
