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LIFTS: NEW BUILDING AND COMMUNION DUTIES

Il primo settembre 2009 è entrato in vigore il decreto del Ministro per lo sviluppo economico sulle nuove regole per migliorare la sicurezza degli ascensori, pubblicato sulla Gazzetta Ufficiale n.189 del 17 agosto 2009.
L'obiettivo è quello di adeguare allo stesso livello di sicurezza tutti gli ascensori in uso sul territorio italiano, molti dei quali obsoleti.
In practice, within five years from September 1 all systems installed by June 24, 1999 shall be subjected to risk analysis. Failure to comply with these measures will make it impossible to keep the system in use.
The recipients are the owners of the obligation of the systems, administrators, associations of small property owners, businesses engaged in maintenance, repair and modernization of elevators; ASL and the Labour Inspectorate. The measure classifies the various dangerous situations and provides corrective action to improve gradually and selectively the safety of all existing lifts. It also lists the risk level (high, medium and low).
To assess the risk situation, according to the latest codes of practice must apply for and agree on a special audit of the system. The verification must be done: by September 1, 2011 for elevators installed before November 15, 1964, by September 1, 2012 for elevators installed before October 24, 1979, by September 1, 2013 for elevators installed before April 9, 1991; by September 1, 2014 for the elevators installed before June 24, 1999.

If any owner does not come into compliance, the next periodic visit to the Body and ' obliged to issue a report negative resulting fallowing.

E' chiaro che questo decreto, oltre alle notevoli implicazioni per i titolari degli impianti e le influenze sui livelli di sicurezza degli elevatori, riveste anche un sensibile interesse economico per le aziende del settore.

Se è realistica la stima di 7-10 miliardi di euro di fatturato indotti da questo intervento, è chiaro che per una Società, più facilmente multinazionale, che conti sul 20% del mercato questo si traduce in un business di quasi 2 miliardi di euro in sei anni, (una entità del tutto ragguardevole).

L'importanza di quanto stabilito dal decreto è comunque innegabile: si tratta dell'occasione per allineare le caratteristiche e la funzionalità di impianti the most recent legal definitions.
If so, the benefits can be seen if those who are to work, act with the necessary skills and common sense in applying a legal regulation that certainly can not predict and examine all cases be practical.
E 'also desirable that the same ministry, so willing to impose generalized obligations which result immediately in certain costs to consumers, provide even more activities to control this sector with operations in the most difficult but perhaps the most decisive in substance. In practice, the Authority should be concerned also to ensure, through the necessary controls: the quality of the activities of the service provided to consumers, the rigor and independence of audits carried out by bodies, careful monitoring by the body to monitor controllers, of course, for all this, it is necessary that the Ministry operates with adequate resources, authoritative and not influenced by partisan interests.

The following links shows that the response of plants to adapt them:

Tables A and B

Table C

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civil law , Communion and the situation for which the property 'right in rem or another it is common to most people. It is governed by articles 1100 and following of the Civil Code.
When the fellowship is entitled to property, also known as joint ownership.
He distinguished three categories: voluntary
fellowship (dependent on the willingness of the participants, such as: more people buy property together)
communion cross (not dependent on the willingness of the participants, such as: more people are receiving good as an inheritance)
communion forced (to which no one can escape, eg condominium buildings)
Communion is viewed with disfavour by the legislature. Hence the rule that each party may at any time request the division, while the agreement among the participants to remain in communion can not exceed a period of ten years.

Communion is divided into pro-legal technical sense an abnormal form of communion in which each community is given a physically well-defined part of the goods in communion, usually a building or land, and every community will enjoy the fruits of its parts and will cover the cost of his share or resulting therefrom. The division of property may be space, which can be clearly identified such as part of a plot, or time which can be clearly defined periods in the use of an apartment (timeshare) o il godimento di un'opera d'arte (che ad esempio può essere esposta per alcuni mesi all'anno in un museo e per i mesi rimanenti in un altro museo). Le modalità di divisione nella comunione pro-diviso devono essere definite contrattualmente Alcuni beni oggetto di comunione non possono essere pro-diviso; si tratta in genere di beni immateriali o che hanno un valore prettamente immateriale, ad esempio la proprietà intelettuale, che possono essere suddivisi solo in quote indistinte del tutto rientrando quindi nella tipologia di comunione pro-indiviso.

La comunione pro-indiviso configura una condivisione di diritti sullo stesso bene in quote ideali il cui peso è rapportato non ad una parte fisicamente definita ma ad una parte indefinite integral good. The shares are presumed equal. The communion is to be distinguished from the figures the association and the company ': we have here a mere plurality of subjects in co-ownership rights. Not born a subject of rights beyond the individual participants. There is no distinction among common creditors and creditors of the individual participants: the creditor may seize the individual owner's share of the debtor and may result in the forced sale of the common thing, with the result of dissolving the state of communion. The other joint owners may not touch that part of their allocated capital or the sum of money equal to the value of their shares. In
associations and societies group members are linked for the duration of the relationship by a tie of a contractual nature, in communion, even when it arises from a contract, it runs out of its role in the constitutive moment of the report, and the relationship, once established takes place between individuals no longer bound by a contractual relationship. Above all, there is a contractual commitment in communion, another assumption of the pursuit of common interests.
Article 2248 defines the scope of application of the rules of their community and society, defining the former as "community for the purpose of enjoyment, while the partnership agreement by the parties give goods for the year in a common economic activity in order to divide the profits).

The building is' a kind of communion widespread and important. The condominium buildings will have more housing compounds belonging to different owners. Each unit is the exclusive property of a person who is entitled to the exclusive powers of enjoyment and available on it. The soil and parts intended for common use (patio, stairs, hallway, elevator, lobby, roof, etc. ...) are jointly enforced among the condominiums, according to contributions proportional to the size of each accommodation. These shares of ownership, usually denoted in milliseconds, it is for owners of the various accommodations.
the condominium and the administrator are the organs required by law to regulate the use of common parts of the building and to perform administrative activities. The Assembly is the body which has the power to deliberate and draw up house rules, which is required if there are more than 10 condominiums. The regulation may also be contractual.
The administrator is the body that carries out the decisions of the meeting, collecting contributions from condominiums and pays the expenses necessary for the operation and maintenance, prepares the annual budget, is the building in proceedings court in which it is party.
is necessary to appoint an administrator if there are more than four blocks.
The administrator remains in office for one year but may be revoked at any time by the Assembly.