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A building condominium law 104 : is it always possible?

In Italy the condition of disabled people is made considerably more complicated by the existence of a large number of architectural barriers which prevent them from moving easily, thus limiting their quality of life.
Among the aids that could allow him to do so there is also the elevator, which however sometimes presents difficult or even impossible access, especially when the plant is located inside a condominium. What happens in these cases? Is it always possible to install an elevator in the condominium where disabled people are present under the terms of law 104? Let’s go into detail.

Condominium elevator: there are some causes that prevent the internal one

Risultati immagini per ascensore 104

As is now known, Italy has for some time been trying to facilitate the movement of persons with disabilities such as to force them on a wheelchair. The law, however, is often disregarded in public buildings, while it goes a little better in private homes, where many people decide to adopt systems for lifting people and things also taking advantage of the tax cuts that have been approved at government level with the precise purpose of encouraging this decision. Sometimes, however, it is not possible to adopt the condominium lift in favor of subjects falling within the law 104.
In particular, it is not possible when the installation of the lift for a disabled condominium goes to preclude the enjoyment of the common good, for examplea landing, even by a single condominium. To establish it was the Court of Ca ssazione by the order 21339 issued in 2017 , when the robes of Piazza Cavour has nno decided to reject the appeal of a full house against the judgment of the Court of Appeal of Turin in favor of a condomina which it would have been prevented the use of the landing right in following the installation of a plant intended for the handicapped. It should be specified that in the case submitted to the Court of Cassation, the adoption of the plant in one of the common areas had been approved by the condominium assembly, with the sole opposition of the condominium that had raised an exception, based on the impossibility of original enjoyment of the landing occupied by the plant. The Supreme Court has in this case established c h this original enjoyment would in practice been replaced by a law of different content, which would be necessarily subject to the availability and to the operation of the lift itself, finally deciding to give reason to condomina . If it is true that the elevator was a innovation (the installation of which is in fact facilitated by the law), the current legislation also provides for the exclusion from the list of those installations which render useless the common good to the use and enjoyment of a well only condominium. The reference is to art . 1120, paragraph 2, of the Civil Code, which requires that innovations capable of making the use and enjoyment of the common parts of the building unusable even to   a single condominium, can not be applied , since an eventuality of this kind would entail a significant impairment of utility .

No aesthetic reasons can be raised

As can be easily understood, in the case described the rationale of the sentence intended to protect the woman from the effects of a condominium decision that was going to damage her rights, at least in part. Rights which, on the other hand, cannot be extended to the aesthetics of a building, as clarified by other rulings of the same Cassation in the face of the opposition raised by condominium assemblies regarding the installation of external installations destined to serve disabled people. In this case, in fact, the right of the disabled to prevail over being able to move with a certain freedom prevails, without having to submit to logistic impediments which would eventually impose their imprisonment within their own home. As you can imagine, therefore, the issues relating to the adoption of a scensore in condominium , for persons falling within the scope of the law 104 is a pretty slippery slope, that it can cause quite a few clutches, as evidenced by the rest the ever more substantial jurisprudence in this regard.

In Italy the condition of disabled people is made considerably more complicated by the existence of a large number of architectural barriers which prevent them from moving easily, thus limiting their quality of life. Among the aids that could allow him to do so there is also the elevator, which however sometimes presents difficult or even impossible access, especially when the plant is located inside a condominium. What happens in these cases? Is it always possible to install an elevator in the condominium where disabled people are present under the terms of law 104? Let's go into detail. Condominium elevator: there are some causes that…
Un ottimo articolo sulla tematica degli ascensori per condominio con la legge 104

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Un ottimo articolo sulla tematica degli ascensori per condominio con la legge 104

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