CENTRALIZED SYSTEMS - Law 20th March 2001 Number 66, DL 23rd January 2001, Number 5, object: urgent regulations for the postponement of deadlines in the field of analogical and digital radio and TV transmissions, as well as for redevelopment of radio and TV systems.
During the past years the attention was gradually shifted from simple aerials to centralized systems. This evolution is very important: with centralized systems we can actually reach a larger number of customers and in the same time - we can avoid an uncontrolled proliferation of single satellite dishes on our houses.
Every day installers face different problems concerning aerials' installation on blocks of flats, so they should be able to propose different technical solutions.
That's why EUROSATELLITE Ltd. is constantly informing the customers through a daily information campaign, together with the aid of the legal office Angiolini.
Our battle led us to different important victories. First of all we have achieved the abolition of the notorious assent which had to be given by the Ministry for Post and Telecommunications to all owners of satellites.
The second important battle has been won just a couple of months ago: the Italian parliament has finally approved a law which regulates the installation of a satellite dish in case of blocks of flats: according to this new regulation you just need a simple majority amongst the flat owners to install a dish.
The law 5/2001 (urgent dispositions about postponement of deadlines in the field of analogical and digital radio and TV transmissions, as well as for redevelopment of radio and TV systems), explains in the section 2 bis/13 the following: "in order to support the development and the diffusion of new TV and satellite technologies, the installation of new systems are necessary according to the section 1120/1 of the civil code. Section 1136/3 is therefore applied for the approval of the necessary resolutions. The above mentioned dispositions do not allow fiscal benefits"
This regulation is really very important; let's just summarize the previous laws concerning this problem: the par. 23/2 of the so called postal code (D.P.R. 156/1973) established that one or more owners of flat cannot oppose the installation of aerials, conduits or wires for telecommunication systems on the building if these are necessary to satisfy the owners' requirements.
Moreover: the law has often explained that the installation of TV Aerials is like a right to free information, as in the art. 21 of the Italian constitution. Just in particular cases this right can actually be limited.
Because of the uncontrolled proliferation of Satellite dishes the Italian lawmakers have introduced new regulations in order to support - thanks to fiscal inducements - the centralized systems.
For what concerns the right to install satellite dishes, we need to explain that (independently from the majority of flat owners in a building) a single owner, as well as a group of owners, are allowed to install a satellite dish, unless there is a particular reason against this resolution.
The Court of Cassation has furthermore explained that a single satellite dish can be installed by one owner because there has already been a previous agreement of the owners' majority for a centralized aerial, unless this second dish compromises the use of the building (or part of it) by the other owners. Therefore the installation of single satellite dishes cannot be forbidden, but you can't even force anybody to change or eliminate his/her old aerial from the building.
In this latter case the manager of condominium can purpose a different solution, a better one which can transform the old autonomous system into a centralized one.
If one owner (ore more owners) does not agree at the moment with this solution, he can always change his mind in the future (as well as the new owners) and he can contribute towards future maintenance expenses.
In this case the owner will decide the share to be paid in order to cover the starting installation's expenses, and from that moment he will contribute towards future maintenance expenses.
Considering that one ore more owners are allowed to install satellite dishes, now we have to analyse the kind of majorities requested by the law in order to install a centralized system paid by all the owners of a building.
Before the passage of the law 66/2001, this was the situation: A) If a centralized TV system (even if not satellite) already exists, its transformation into a satellite system was a real alteration of an existing technological plant. Therefore the resolution had to be approved by a majority of owners, in accordance with the article 1136/1,2,4. During the first meeting the necessary majority to pass the decision was 2 /3 o the building's value, together with 2/3 of the flat owners. The decision was therefore approved thanks to a number of votes representing the majority of people and at least the half of the building's value (over 500 thousandth). B) If the only aerials of the building were single aerials, the problem was different. In this case the installation of a centralized satellite system was considered as an improvement of the whole building in accordance with the par. 1120, so the owners could decide to install it with the provided majority in accordance with par. 1120 and 1136.
The first meeting was considered effective if at least 2/3 of the owners representing the building's value were present. The decision could be approved with the majority of the owners' votes, although representing 2/3 of the building's value (over 666,6 thousandth) .
During a second meeting there was no need to have a minimum number of participants, and the decision could be approved just with the simple majority of the owners representing at least 2/3 of the building's value (over 666,6 thousandth) . The present day situation follows the new regulations given by the law 66/2001: the decision concerning a new centralized system for the building will be approved with votes representing 1/3rd of the flat owners and of the building's value (no matter if during a first or a second meeting). This is an example: for a block with 10 flats, you'll just need the approval by 4 flat owners, if their flats represent at least 334 thousandth of the whole building's value. After the approval every expense will be divided in equal shares amongst all the owners, including those who were against the decision, regardless from their flats' value. Anyway the flat owners can also decide to share the expenses according to their own flat's value. In this case the par. 1123 explains that the necessary expenses decided by the majority of the owners have to be divided according to their flat's value.
This settled, usual procedure is actually against the law. The installation of a centralized satellite system is not a routine business, that's why the expenses are divided amongst all the owners and not just amongst the users, unless there is a different agreement.
Summarizing schedule. The flat owners always have the right to install satellite dishes on their parts, as well as on the common parts of the building. Therefore - regardless from different legal majorities - groups of flat owners can decide to install a centralized system to only serve their apartments, unless there are particular reasons against it. The installation of a new centralized satellite dish is a necessary innovation, and the relevant decision - in accordance with the law 66/2001 - is subject to the majority (see Par. 1136/3).
In a first, as well in a second meeting, the decision must be made by at least 1/3rd of the owners representing 1/3rd of the building's value.
Every expense will be divided amongst all the owners, unless there is a different agreement.
Il Satellite by Cristian Stefanini - Tel: 0744 611171 - Fax: 0744 309455