Considerations on the antisocial condominium owner and the possibility of exclusion from the condominium due to the ineffectiveness of the fines

Abstract

This article aimed to demonstrate, above all, the importance of the peace of the other: in condominium living, the safety and well-being of the community must be preserved. In this context, the reaction to the antisocial behavior of the other can be justified, even more so in contexts in which the imposition of fines is ineffective: although there is a right to property, it must be in line with its social function of the thing, managed by co-owners. It was argued in this study that, in the case of condominiums, the preservation and guarantee of the good with are constitutional, legally justifiable even more in cases of recurrence of the abnormal function of the property: the collective right stands out over the individual right. In this way, the exclusion of the antisocial joint-owner is a hypothesis that aims to guarantee the collective well-being, and may represent an important solution for cases in which there is abnormal use and enjoyment of the property right.