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Recent guidelines of the SS.UU on the subject of collection of condominium contributions and nullity / annulment of the resolution.

  • 15/03/2022

The SS.UU., with decision no. 9839 of April 14, 2021 established that, in the judgment of opposition to the injunction issued for the collection of condominium contributions, the judge can review both the nullity, deducted by the party or detected ex officio, of the shareholders' meeting resolution based on the injunction , and the annulment of this resolution, provided that the latter is deducted by way of action - by means of a specific counterclaim for annulment contained in the summons in opposition - pursuant to art. 1137, co. 2, cod. civ., within the peremptory term provided therein, and not by way of exception.

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