Innovazioni in condominio


Partendo dalla definizione, possiamo considerare innovazioni, tutte quelle opere che comportano una alterazione sostanziale o funzionale della cosa comune e, proprio su questo punto, si differenziano dalle operazioni di manutenzione straordinaria.

Da ciò possiamo ricavare altre due differenze che contraddistinguono le due tipologie di operazioni: le operazioni straordinarie (di non rilevante entità possono essere deliberate dall’assemblea con le maggioranze semplici previste dalla legge ma, in caso di urgenza, possono anche essere deliberate direttamente dall’amministratore.

Per le innovazioni, invece, sono richieste sia maggioranze qualificate sia delibere assembleari specifiche che autorizzino le operazioni.

Un classico esempio di innovazione riguarda l’abbattimento di alberi ad alto fusto nel cortile comune, per la cui autorizzazione sono, appunto, previste maggioranze particolari previste dalla legge o quelle diverse previste dal regolamento.

Esempio, invece, di un’operazione che non costituisce innovazione, può essere la chiusura di un’area di accesso all’edificio condominiale con cancello per ragioni di sicurezza.


Una questione un pochino più complicata è quella riguardante la costruzione ex novo di un ascensore condominiale perché, se da un lato non è messa in discussione la natura di innovazione dell’operazione, dall’altro non è scontato individuare il quorum assembleare richiesto in quanto il codice civile prevede la maggioranza qualificata (come per tutte le innovazioni), mentre la legge sull’eliminazione delle barriere architettoniche prevederebbe che operazioni del genere (come la costruzione di un ascensore), dovrebbero applicarsi maggioranze diverse e meno gravose previste dalla stessa legge.

Nel caso in cui la volontà di abbattere una determinata barriera architettonica promani da un singolo condomino, questi dovrà chiedere all’amministratore di convocare un’assemblea e quest’ultimo dovrà dare seguito alla richiesta entro 30 giorni, a pena della revoca dall’incarico.

Al condomino richiedente è posto l’obbligo di indicare esattamente gli interventi che propone di fare eseguire, nonché le concrete modalità con cui ritiene che si possa darvi esecuzione.

In caso di mancanza o incompletezza di tali indicazioni, l’amministratore dovrà sollecitare il condominio ad adempiere correttamente al proprio obbligo.

Nel caso in cui, invece, l’amministratore non convochi l’assemblea oppure l’assemblea deliberi il rifiuto all’abbattimento, il condomino richiedente potrà tranquillamente procedere a proprie spese.


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