Q. Does the purchase procedure change for a “condominio” property?
A. Usually, it does not. As general rule, if you buy an unit in a building or developments where the residents share the use of certain common areas and facilities, e.g., swimming pool, elevators, gym, parking area, main entrance gate, you want to make sure to be aware of rights and obbligations that will pass on you with respect to said items.
According to the Italian law, when multiple exclusive properties share some private common facilities for a better use of the single private units, the owners must use the common facilities in a way that everyone can potentially get the highest individual benefit without limiting the other owners’ right of use and potential utility of the same common areas. All this is what is meant in Italy for “condominio”.
When the vendor and the buyer sign a preliminary and the buyer signs a preliminary purchase contract (PPC) to reciprocally commit to sell and buy a property, it is advisable to indicate in said contract a description or at least the mention of the common areas and facilities included in the deal. Especially in off-plan property purchase the vendor tends to urge buyers to complete when the units are ready whilst the common areas and facilities are not yet. Lack of mention of common items in the PPC can create conflicts with the respective parties’ expectations.
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