Statutes

1. Are statutes governing a condominium subject to registration or not?

Even if the law doesn’t provide the transcription of the statutes of the condominium in order to make it knowable to third parties, it is common practice to register the statutes together with the first purchase deed of a single apartment.

This practice has been accepted by the administration responsible for land registries that has ruled the ways to submit the transcription notation of the statutes of the condominium (circular n. 128/T of the 2 May 1995, point 5.6). To this purpose, it is necessary that the title (the statutes) has the form provided by law (public deed or private contract with signatures certified by a notary) (see annex n. 3 – transcription of the statute).

2. Which statute clauses would you emphasise or consider more relevant?

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3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.

In the Italian transcription system (deed system) the Registrar cannot refuse an application for registration, except the cases of compulsory rejection (for formal reasons) provided by law. The validity of the deed is not to be checked by the Registrar, as only a court can decide on it.

4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?

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5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?

The inspection in the land registries can be made or referring to the subject, or with reference to the object, or using both data. If the statutes of the condominium has been separately transcribed in the ways described above, it will surely be given when making the inspection; if it has not been transcribed, it will be necessary to check the registered deed, in order to find the related information in it.