An Italian Condominium War with Everyone Against One!
Presentation
On November 6, 2024, I
sent an email to the administrator of the super condominium Comparto PEEP
7.3, L.F., informing him that I had knowed that, to increase the condominium
owners' parking spaces, they were studying a solution that would involve
creating two parking spaces
in front of the driveway leading to my garage. Therefore, to avoid what
happened in 2009, when an Ai Faggi condominium owner illegally marked a parking
space that in some cases prevented me from adequately exiting the garage, I
expressed my concerns and asked to speak with him. On November 14, 2024, he
responded with, "Okay, we'll see together."
But then not only did we never see anything together, but on May 26, 2025, in
the minutes of the April 9, 2025 meeting, he presented a
SOLUTION that, to expand the parking
spaces for all the condominium owners, provides for two new spaces in front of
the driveway of my garage and also to move a parking space in front of its
entrance, as shown by the three rectangles drawn under BLOCK C of the
SOLUTION plan. And so he raised
expectations on the part of the condominium owners, because they believe that a
proposal presented by the administrator is fair and feasible. While I believe it
is an attempt on their part to rob me of my right to easy access to my garage,
in order to expand their parking spaces free of charge. Thus began "a
condominium war with all against one."
Instead, as confirmed to me by a lawyer and an accountant, to implement the
SOLUTION, a modification to the
contractual condominium regulations is required, which requires the unanimous
vote of the condominium owners, including my vote, which, of course, I would
never give. Therefore, the SOLUTION
is not feasible. In fact, it is precisely to prevent such cases that the law
requires unanimity.
So I wondered why the administrator submitted the proposal, thus deceiving the
condominium owners, at least in my opinion, and thus sparking a condominium war.
So on July 10, 2025, I sent him an email with the following question:
“In order to increase the condominium parking spaces, you proposed creating two
parking spaces right in front of the driveway leading to my garage and moving
another in front of your entrance, as shown by the three rectangles drawn under
BLOCK C of the attached SOLUTION.
But given that this requires absolute unanimity, including my consent, which you
obviously can't expect to obtain, how do you think it's possible to implement
it?”
On July 11, 2025, the administrator sent me an email, but instead of answering
my question, he asked for privacy (I had initially published the names in this
article), and he wrote:
"Good morning, Mr. Bruniera, please note that the publication of names,
surnames, and sensitive data may violate your right to privacy. I am therefore
informing you of any necessary action against you, and I hereby warn you against
violating these rights in any way."
And I answered him, among other things:
After 27 years of peaceful condominium life, your proposal about parking spaces
has sparked a condominium war that will last forever. But you're not concerned
about the war, but about privacy!
On July 15, 2025, the
administrator responded to me, saying, among other things:
“I also warn you against spreading and supporting false information such as
'that I am the one making the proposals.' Nothing could be more wrong.”
That same day, I replied to him, saying, among other things:
Regarding your assertion that you're not the one making the proposals, in my
opinion, if you praise all the work done by the author and thank him ("So, with
all these premises, a job has been done for which we thank the Councilors who
took an interest, especially Mr. B. who also supported the entire work with
repeated sketches, solutions, and proposals to reflect on: ...") and then
present your findings, it means you're adopting the findings and, therefore, the
proposal.
However, I believe I can at least say that you submitted the proposal and
therefore believe it can be implemented, legally of course.
Therefore, I'm amending the question as follows:
In order to increase the number of parking spaces for condominium owners, you
have submitted the proposal to create two parking spaces directly in front of
the driveway leading to my garage and to move another in front of your entrance,
as shown by the three rectangles drawn under BLOCK C of the attached SOLUTION.
But given that it requires absolute unanimity of consensus, including mine,
which of course he can't expect to obtain, how do you think it's possible to
achieve it?"
In essence, the administrator, rather than answering my question, challenged me
on privacy (which is why, after researching, I replaced the names with their
initials) and stated that he wasn't the one who made the proposal (but rather
presented it). Therefore, at least until he provides a specific response, I have
to assume he thinks the SOLUTION
is feasible even without unanimity, because if he presented it knowing I would
vote against it, it means he felt unanimity wasn't necessary.
The
original plan of the first deed
of sale was attached to the minutes of the April 9, 2025 meeting. It was
presented as the starting point for redistributing the parking spaces. I
attempted to challenge it both at the meeting and in subsequent emails. However,
as I will demonstrate later, this is a false issue. What matters is the
possibility of realizing the redistribution without unanimity, something the
lawyer and accountant I consulted ruled out, but which the administrator
implicitly supports.
In conclusion, since a unanimous resolution is unachievable, as I would vote
against it, if a resolution were to be passed without unanimity, I would have to
challenge it to have it annulled, thus undermining the condominium owners'
expectations and turning them against me, thus escalating the condominium war.
In any case, I have contacted a lawyer directly (without going through Generali)
to ensure prompt intervention in the event the administrator intends to
implement the SOLUTION even
without a resolution from the meeting. Because he's not honoring his commitments
and responding to questions, I'm afraid I might suddenly find myself with three
parking spaces marked out in front of my driveway and garage, as happened in
2009 with the aforementioned illegal parking space.
I'm over 80 years old
and have worked since I was 17, and I'm still working at a job that earns me a
decent living. I purchased my apartment, with all its rights, paying
appropriately, of course. But now the administrator wants to take them away from
me to give away parking space to the other condominium owners.
But my condominium owners purchased their apartments with parking spaces of a
certain width and have no right to enlarge it, at the expense of my right to
easily access my garage, which I purchased and paid for.
In short, my condominium owners have no right to take away my rights, and
therefore the administrator has no right to propose doing so.
But is it right that I, along with my partner, cannot live peacefully in my
apartment during my final years, but must endure tensions and waste time and
money defending my rights against an administrator?
But does the administrator respect the code of ethics established by the
National Association of Condominium Administrators (ANACI)?
And it is to highlight this injustice to the world, including ANACI, that I have
published this article, also in English, on my old website
"trecimedilavaredo.ue," which I use to diffuse my astrophysics articles. In
fact, the article can be found by using the site name, on both smartphones and
tablets, via the Safari, Chrome, and Google apps. On PCs, it can only be found
via Chrome. But since I am migrating the articles from the current site to a
more Google-friendly one, in the future it will also be possible to find them by
typing the article title or keywords like "comparto peep 7.3."
But I will also spread it through Twitter, where I have a user with hundreds of
followers, linked to my website.
When it comes to civil justice, Italy is far behind the Western world, but I believe this case will contribute to making it lag behind the rest of the world, as it should be.
And now I'll tell the
story below, for those who have the patience to read it.
Story
On May 28, 1998, I
signed the deed of purchase for an apartment in the Ai Tigli condominium, which,
along with three other condominiums (Ai Carpini, Ai Faggi, and Cometa (owned by
ATER Treviso), is part of the Comparto PEEP 7.3 supercondominium, located in
Treviso on Via Mantovani Orsetti.
Since I was the first to commit to purchasing an apartment in the complex,
risking losing the down payment if the builder went bankrupt (as fortunately
happened after the condominium was built), I was able to choose the best option
(and pay for it, of course): a relatively large apartment on the top floor with
an attic space under exclusive ownership, a double garage, and two parking
spaces—one next to the garage and with no size issues, and another next to a
sidewalk and therefore with fewer size issues than the others.
So I have no need to enlarge my parking spaces. But my condominium owners claim
they do, even though they knew the dimensions of the parking spaces when they
purchased their apartments. Now, instead of buying a car with the appropriate
dimensions, thanks to the administrator, they want to enlarge their parking
spaces, even taking away my ability to access my garage.
A prelude to this
episode dates back to September 2009, when I suddenly found a parking space sign
on the left at the end of the internal road, near the driveway leading to my
garage. If occupied, this sign caused me considerable difficulty, especially
when exiting if the parking space next to the garage was occupied (I would have
to reverse a long U-turn, with poor visibility).
On that occasion, I contacted the Ai Faggi administrator, F.D., to find
out the name of the person who made the signs, because I intended to report them
to the police station, where I had already made inquiries. However, he did not
provide me with the name and replied, "That a parking space, as per the original
maps, has been reinstated as a service space used primarily by the Ai Faggi
condominium." This was a lie, as I demonstrated in the reply I sent him. Because
that parking space never actually existed, and the remaining sign that was
visible was due to the botched erasure of a parking space that had been
mistakenly marked, along with two others adjacent to it.
I then contacted the administrator of the super condominium at the time, R.D.,
who expressed his intention to intervene on my behalf, so I preferred not to
file a complaint with the police. On October 28, 2011, I also
hand-delivered
him a letter demonstrating that the remaining markings on that parking space
were due to an error, also thanks to a
photo from 2005. However, it
turned out that the illegally marked parking space was also shown on the plan
attached to the condominium regulations, but was not mentioned in the
regulations. Therefore, the administrator classified it as illegal and warned
the perpetrator, F.D., who had meanwhile reported himself at a meeting, to
remove the relevant markings (meetings
in 2011 and 2014). He refused to do so, but without incurring any
sanctions.
The signs were then removed by administrator L.G., who succeeded him after his
resignation for personal reasons, but therefore after more than 5 years.
In conclusion, the person who committed the abuse did not face any sanctions,
while I, the undersigned, nevertheless suffered the related inconveniences.
On that occasion, having noted some inaccuracies in the
plan attached to my deed of purchase,
I corrected it so that it reflected the actual state upon delivery of the
apartments in the Ai Tigli and Ai Faggi condominiums. Therefore, I obtained
another plan, which I have labeled the
actual plan, and which also reflects the current state, as it has never
been modified in 27 years, making the actual plan valid even by adverse
possession. Compared to the plan attached to the condominium regulations,
moreover, it does not contain the sign for the illegal parking space, thus
making it perfectly compliant with the regulations.
I then attached it to the letter dated October 28, 2011, to administrator R.D.,
and the fact that both he and the subsequent administrator, L.G., took steps to
have the illegal parking space removed demonstrates that they considered it
valid.
Subsequently, condominium life continued peacefully, also because administrator
L.G. performed her duties properly, regularly calling meetings and submitting
the related minutes within the usual 10 days. This was until March 10, 2022,
when the meeting, at the request of condominium owner F.P., appointed
L.F. of Caorle as administrator, on the grounds that L.G. was allegedly too
strict with the rules, so much so that she wouldn't allow the condominium owners
to change the streetlight bulbs themselves, given that they weren't insured
against accidents at work.
In any case, on that occasion I voted in favour of her permanence and thanked
her for the good work she had done. And I wasn't alone. And since then, things
have changed, so much so that, for example, the minutes of meetings are sent on
average 39 days after they take place, therefore after the 30 days within which
one can appeal against the resolutions, something I will have to keep in mind at
the next meetings.
However, my current problems began during the meeting of June 5, 2024, when the
condominium owner, Ai Faggi, R.D., the one who had marked the aforementioned
illegal parking space, complained that the parking spaces assigned to his
condominium were smaller than others, and the administrator promised to
investigate.
At that time, I offered to provide floor plans and information in my possession
because, as I wrote above, in 2009 I had to conduct research to have the illegal
parking space removed.
However, I wasn't contacted. But I wasn't worried because I didn't think the
parking space checks would pose any problems for me.
However, on November 6, 2024, my condominium owner, M.C., told me that a
project had been developed to expand the parking spaces, which included two new
parking spaces in front of the driveway leading to my garage. This would allow
me to enter only with extreme difficulty and only if the parking space next to
the garage was free. He also told me I was "marked," which I interpreted as
"intimidation" not to oppose him. But since I don't accept intimidation, I was
so furious that I decided to stop dealing with him, after 26 years of getting
along well.
Therefore, to avoid the risk of experiencing problems similar to the one with
the illegal parking space mentioned above, I immediately called the
administrator and spoke with one of his employees, who asked me to send him all
the documentation in my possession. So I emailed him a copy of the
letter to the administrator dated October
28, 2011, along with five floor plans, including the actual one, and
asked to speak with the administrator. He promised to do it with a "we'll see
together." But he never did!
But shortly thereafter, I received an email with the project plan, which
suggested a less invasive solution than I had been told, as the two new parking
spaces would be created primarily in a shared green space, thus still allowing
me acceptable access to the garage, albeit less convenient (April
solution). Subsequently, I was also contacted by the project's author,
surveyor G.B., a recent condominium owner, who explained the solution to me. And
in an email I sent to the administrator on April 1, 2025, I considered the needs
of the other condominium owners and expressed my willingness to accept the
solution, although only after resolving the "intimidation" issue I felt I had
experienced. But I was not contacted.
However, a meeting was convened on April 9, 2025, to discuss and eventually
approve a "Proposal for the Redistribution of Parking Spaces," the less invasive
proposal mentioned above (April
solution), which included five new parking spaces that would allow for
expansion of the remaining spaces. However, it was not even discussed, as it
immediately proved unfeasible due to ATER's unwillingness to accept it.
And here's where new problems began for me!
Because during the meeting, the administrator said he would send the condominium
owners the floor plan attached to the deeds of purchase of the Ai Carpini
condominium, which could have been the
Ai Carpini floor plan that had been delivered to me in 2009 by
its administrator, R.D.. And based on it, everyone could have made proposals for
expanding the parking spaces.
Specifically, as far as I'm concerned, the floor plan provides for two parking
spaces right in front of my garage entrance, one of adequate width and another
half-width, which were evidently marked only to complete the number of parking
spaces required by the condominium regulations.
During the meeting of
April 9, 2025, I spoke to challenge the validity of the aforementioned plan as
the starting point for the parking space modifications, and I proposed the
actual plan. The administrator ignored my intervention, which was nevertheless
acknowledged by the meeting chairman, G.B..
But the next day, Councilor F.P., who is participating in the studies
for the redistribution of parking spaces, informed me that after the meeting, it
had been decided to create the two new parking spaces in front of the driveway,
as the less invasive solution was too expensive and I would have to accept it.
So I wrote to the administrator to tell him that I was "tired of being
intimidated and pressured" and to inform him of my challenge at the meeting,
also specifying that based on the plan he considered as the starting point, two
parking spaces would not have allowed access to my garage. But I received no
response.
At that point, I spoke with Generali's legal consultancy firm, "Pronto
Avvocato," with which I have a current legal protection policy. They advised me
that, in my case, the floor plan considered valid for the modifications is the
one attached to my deed of purchase. They then advised me to send a certified
email to the administrator, urging him to include my comments in the meeting
minutes. I did so on April 15, 2025, specifying the following:
"In my comments, I disputed the assertion made by surveyor G.B., namely,
if I understood correctly, that the floor plan valid for (the redistribution?)
of parking spaces is the one attached to the purchase contracts for the
apartments in the Ai Carpini condominium, which was the first to be built.
However, I maintained that the valid floor plan for the Ai Tigli and Ai Faggi
condominiums is the one that reflects the actual situation at the time of
purchase of the apartments, which was 27 years ago, and that it has never been
modified.
The administrator responded to me on April 18, 2025, via certified email (PEC),
declaring his willingness to include my comment but insisting on the validity of
"his" floor plan. He justified this by saying that "if a floor plan was attached
to the first deed, all subsequent deeds must necessarily refer to it," and told
me to check.
I, in turn, responded on April 22, April 23, and April 26, stating, among other
things, that I had checked, but that both a lawyer and an accountant assured me
that the valid starting floor plan was the one attached to my deed of purchase.
But the administrator did not respond.
However, on May 26, 2025, the administrator sent the minutes of the April 9,
2025, meeting to the condominium owners, a full 47 days later. Attached to the
minutes was a plan titled "Original plan of the 1st deed of sale." Point 5 of
the plan outlined a series of premises and considerations, including:
- "The original deed was not respected."
- "The starting point is the original deeds, the contractual regulations, and
the plans attached to the regulations, and it must be said that even the current
situation does not fully reflect these documents."
- "The initial situation and any changes made are explained in detail." (At
least, I don't recall this being the case.)
So, it was also admitted in the minutes that the "original plan" never conformed
to the actual situation.
In any case, starting from the "original plan," the so-called
SOLUTION was proposed. And then
it was proposed to "make observations on the proposed solution plans, which will
be sent with the minutes, and then we will try to conclude. The observations
must be submitted by June 30th, and then the Council will elaborate." While, as
I wrote above, at the meeting the administrator had said he would send the plan
of the first deed of sale, from which the condominium owners could propose their
own ideas, to be submitted by June 30th. He also wrote that "Everyone is
unanimously in favor of moving forward with this study," which might seem
like a sort of vote was held on the matter, when he had simply said that
everyone is in favor of increasing the size of their parking spaces, which is
just a general statement, with which everyone is bound to agree. In truth, the
April solution study
had just been invalidated due to ATER's opposition, while the
SOLUTION study was developed only
after the meeting, so how could everyone unanimously agree on a study
that didn't exist at that time?
Furthermore, he failed to report my objection to his assertion that "the valid
plan for (the redistribution?) of parking spaces is the one attached to the
purchase contracts for the apartments in the Ai Carpini condominium, which was
the first to be built," as he had stated he was willing to report in his
certified email of April 18, 2025. Instead, he merely reported that "Mr.
Bruniera says that, as already sent to the Administrator, he has a plan that he
claims is valid because it reflects the actual situation." It appears that the
plan is valid only for me, and there is no evidence that it was also considered
valid by the two administrators who preceded him, thus downplaying the validity
of said plan.
So, as always, he has failed to keep his promises to me!
However, I asked Generali for a lawyer to have a judge declare the
SOLUTION illegal, as they considered
the original plan from the
first deed of sale valid, and therefore the one to start with for the
parking space modifications, even for my condominium, when it was not. A month
later, Generali assigned me a lawyer in Verona, with whom I can only communicate
via email. He told me that I can only appeal to a judge for actions that
infringe my rights, which hasn't happened yet. And therefore, it will only
happen if a resolution is issued to implement the
SOLUTION.
In truth, at least in my opinion, the choice of the starting plan, which I
discussed at length above to challenge the administrator's argument (wasting a
lot of time), is a false problem, because what matters is the possibility of
realizing the redistribution without unanimity, because, naturally, I would vote
against its implementation. A lawyer and an accountant I consulted ruled this
out, and I'm still waiting for a response from the administrator to my email of
July 15, 2025.
However, in my response to the administrator regarding the comments requested, I
didn't even consider the initial floor plan. In fact, here's my response.
I cannot accept the creation of the two parking spaces marked at the end of the
internal road, as they would prevent me from entering the driveway leading to my
garage. Nor can I accept the parking space in front of my garage, as it would
prevent me from entering the garage.
In any case, I do not want any changes to the plan attached to the condominium
regulations attached to the deed of purchase for my apartment, according to
which I have exclusive use of two parking spaces, one next to my garage and
another to the right of the row of parking spaces behind my building, marked
with the numbers 30 and 11. I would like to point out that the plan corresponds
to the actual state of the apartment when it was handed over and also to the
current state, except for a parking space sign marked on the left at the end of
the internal road, which the two administrators of the super condominium who
preceded her considered non-existent because it was not included in the
condominium regulations, so much so that they had it removed when in 2009 the
condominium owner R.D. illegally marked it on the road.
Furthermore, I would like to inform you that both because you are presenting a
SOLUTION, knowing full well that I
cannot accept it, and because I don't trust that everything necessary will be
done to legally and effectively maintain exclusive use of my current parking
spaces, I would vote against any proposal to redistribute the parking spaces at
the meeting.
However, as I wrote above, to adequately address any unpleasant and unexpected surprises, I have now consulted a lawyer in person (not via email), who can intervene promptly if necessary.
End
Dino Bruniera
E-mail:
dino.bruniera@gmail.com