Bed & Breakfast in condominio

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I bed and breakfast rappresentano, ad oggi, uno dei “modelli” di soggiorno più utilizzati dai turisti e, di conseguenza, una fonte di reddito sempre crescente.

In un mercato con una domanda così alta, chiunque ne ha la possibilità cerca di “riutilizzare” una proprietà inutilizzata, rendendola servibile allo scopo.

Proprio in relazione a questo aspetto, casi sempre più frequenti riguardano proprietà inserite all’interno di un contesto condominiale e che vengono trasformate dai loro proprietari in appartamenti per turisti.

Questa pratica, però, non è sempre lecita e, in particolare, è necessario che sia approvata da una clausola del regolamento condominiale o, su sua stessa disposizione, in via preventiva dall’assemblea dei condomini.

Un caso esemplificativo è stato depositato sul tavolo di un giudice del Tribunale di Milano, il quale si è trovato a decidere, in breve, se all’interno della dicitura “ad uso di civile abitazione”, fosse ricompresa o ricomprendibile l’attività di affittacamere.

Il giudice ha stabilito che in casi come questo, il regolamento condominiale rappresenta il documento di riferimento e che la soluzione risiede, fondamentalmente, nella determinazione delle intenzioni dei condomini nel momento in cui hanno inserito quella determinata clausola e andando, quindi, oltre quello che sarebbe il significato letterale della dicitura in esame.

Questo delicato procedimento non è, sicuramente, di facile applicazione ma rappresenta l’unico modo per far prevalere la volontà che i condomini hanno espresso, con la quale hanno inteso regolarsi e alla quale hanno inteso vincolarsi al momento dell’approvazione del regolamento.

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