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PROTECTIVE NETS, ON THE BALCONY E IN THE GARDEN,

WHAT THE LAW SAYS:  

Do you need permission from the condominium?

Does protection for children or pets have to be authorized by the assembly?

December 28, 2018  | Author:   Carlos Arija Garcia  Article source:   HERE

Does protection for children or pets have to be authorized by the assembly?

You have a small child and you live on the 4th floor of an apartment building. During the summer, keep the French door open to the balcony. However, you ask yourself the problem that all parents ask themselves: is it not that, in a moment of distraction, the little one goes out and risks falling? Not being able to spend a lifetime sealed inside the house, the most practical and safest solution is to put a rete on the balcony. Ma  we want the permission of the condominium or can you decide by yourself without asking anything?

These are the same questions as those who have just bought a pet and are afraid that they will make an unwanted flight if you leave a French door open. The cat, the dog, the dwarf rabbit cannot stay still for a long time and their liveliness can lead them to climb the railing risking to end up over. Also in this case it would be better to put a rete on the balcony. The point is:   do you want permission from the condominium?

It seems logical that the same net on the balcony can serve to protect both your child and your pet. Both have in common only the vivacity and the lack of sense of danger and, for this reason, it is necessary to think about their safety. However, while neighbors may be more tolerant of your child (at least almost everyone), there is no shortage of people who complain about your cat or dog and would like you to keep the pet indoors. On the contrary: he would prefer that I didn't have it at all.

No one can say anything about having a child, thank Heaven. And, for some years, not even on the fact of having a dog or a cat: the so-called "condominium reform law" defends the right of a neighbor to own a pet, as long as certain rules of coexistence and common sense are respected. Now, this right also includes the possibility of putting a rete on the balcony  to keep the animal safe? We see.

Balcony in a condominium: who does it belong to?

It is certainly worth starting from a basic concept:   who owns the balcony of the condominium? Is it a part of the building to be considered as the common good of all or the private property of the owner of the apartment? The Supreme Court intervened on this with a sentence that leaves no room for any doubt  [1]: the balcony - states the Supreme Court - constitutes "the extension of the corresponding real estate unit" and, therefore, belongs exclusively to the owner of this.

Should it be inferred from this that one can do whatever he wants on his balcony and balcony, since it belongs "exclusively" to the owner? In the same sentence, the Supreme Court argues that "the claddings and decorative elements of the front and lower part must be considered common to all, when they are inserted in the façade of the building and contribute to making it aesthetically pleasing". We are therefore talking about decorative fixed elements such as a planter, tiles, etc.

Balcony in the condominium: can animals be kept?

We are asking ourselves the problem of putting a rete on the balcony  to protect, as well as children, pets. But are you sure you can safely hold a dog o un gatto_gatto 3194-bb3b-136bad5cf58d_gatto_gatto_condo_condominio So, just not to start the house from the roof.

Those who decide to adopt a pet can rest assured. The law that reformed the condominium  [2]   has included in the Civil Code a norm  [2] bb3b-136bad5cf58d_second which the assembly cannot approve any rule prohibiting the ownership or possession of a pet. According to this law, in fact, the dog or cat are an integral part of the family, since in more than half of the houses there is a pet. In other words: it is "forbidden to ban" animals in the house.

Of course, there are rules to be respected, especially in the common areas. For example, taking your dog on a leash and with a muzzle or cleaning up any litter left by animals, to name but a few. But if the assembly of the condominium approves a rule that prohibits keeping an animal at home, know that you can appeal to the Justice of the Peace within 30 days of the resolution for the rule to be canceled. However, if you want to know all about the rights and duties of condominium pet owners, we recommend that you read  our guide .

Balcony in the condominium: can I put the network?

As the Supreme Court recalled, therefore, the balcony is private property and not a condominium property. And as the law has established, you can keep a pet in the house. Let's not add that you can also keep a small child because it goes without saying. At this point, do you need permission from the condominium to put the mesh on the balcony?

No. It is your right to install it because you are operating on your property. Therefore, you do not have to ask for an authorization because the opinion of the condominium is completely superfluous. Furthermore, the mesh does not damage the architectural decoration of the building (but if put in sober colors it would be better anyway) and is placed for safety and hygiene reasons, needs that override the architectural ones of the building.

Note

[1]  Cass. sent. 6624/2012 of 30.04.2012.

[2]  Law no. 220/2012.

[3]  Art. 1138 cod. civ.

December 28, 2018  | Author:   Carlos Arija Garcia  Article source:   HERE

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