An Italian Condominium Case with Everyone Against One!
Presentation
The administrator of my super condominium, surveyor Lucio Folegotto, in order to enlarge the parking spaces of the condominiums, wants to create two parking spaces right in front of the driveway to access my garage and move another one in front of its entrance, as shown by the rectangles drawn under BLOCCO C in this SOLUTION (the garage entrance is not marked on the plan, but it is located right in front of the driveway between two parking spaces that block access) studied by the condominium councilor surveyor Guerrino Basso.
But since my consent is
also needed to implement it, how can they think that I can give it?
Maybe they think they can force me to accept it by intimidating me, because they
think I'm an eighty-year-old man full of fears?
Anyway I have already been made to understand, if I understand correctly, that I
am "marked" and that I cannot go against everyone.
But when I was young I did my military service as an assault soldier, first as a
non-commissioned officer in the Folgore division, and later as an officer in the
Mantova division, so I am not afraid of them and I do not accept intimidation
and impositions, but I fight to defend my rights, even if alone against all the
condominiums. And as weapons I will use the law to assert my rights, and the internet to spread what they
are trying to do, so that everyone knows about it: if I am "marked" by them, they
can be "marked" by the world, because I
will put the names
of those who support the SOLUTION, online.
I have always worked throughout my life, so much so that I am still doing
something that allows me to earn something and which I will carry out as long as
my head allows me to, so I can afford the help of a good lawyer.
In effect I have already asked for the help of a lawyer to prevent the
administrator from proposing a SOLUTION in the meeting, that violates my rights,
but he told me that I could only resort to a judge in the event of a violation
of one of my rights, which has not yet happened.
So I have to wait for the vote in the assembly, in which absolute unanimity is
required (all the condominium members, in presence or by proxy, must vote in
favour) but given that, also given the behaviour of the administrator and the
little confidence I have that he will make everything necessary correctly (I
don't want to risk losing exclusive use of my current parking spaces), I will
certainly vote against any change, the SOLUTION could not be adopted.
So I wonder why they proposed it, and the only answer I have given myself is
that they want really to do it even without the approval of the unanimous
assembly. And in that case I will
be able to resort to the judge to prevent it.
But is it right that two elderly people, like my partner and I,
cannot live peacefully in their own apartment in their last years, but must
suffer tensions and waste time and money to defend themselves from an attempt to
violate their rights?
Is it right that the administrator can legally propose a SOLUTION that violates
my rights?
Wouldn't it be better if there was a law that does not allow it, providing for
significant sanctions against such attempts?
Isn't this also why every year there are about a million condominium cases, half
of which end up in court?
In fact, when it comes to civil justice, Italy is far behind the Western world
and is overtaken by states such as South Africa, Belarus and Algeria.
And now I will tell the story of the case, hoping that it will also be useful to improve the Italian justice system.
Story of the case
IN PROGRESS
Dino Bruniera
E-mail:
dino.bruniera@gmail.com