ANNULLABILITA’ PER OMESSA CONVOCAZIONE DEL NUDO PROPRIETARIO

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In una recente sentenza si è sottolineato come, nel caso in cui l’oggetto di una deliberazione siano opere di manutenzione straordinaria, il diritto di partecipazione e di voto spettano al nudo proprietario, quindi l’usufruttuario convocato (erroneamente) e presente in assemblea non potrà far valere l’annullabilità della delibera per la mancata convocazione del nudo proprietario in quanto privo dei necessari poteri per farlo (appunto, il diritto di partecipare all’assemblea e di votare). 

La sentenza, quindi, si conclude ricordando, anche attraverso riferimenti a sentenze di legittimità, che il potere di impugnativa spetta, ovviamente, solo e soltanto al condomino pretermesso. 

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