Nella realtà quotidiana sono sempre di più gli amministratori di condominio che devono fronteggiarsi con situazioni di morosità.
Vale la pena, però, di sottolineare che non sempre il mancato adempimento da parte di un condomino ai propri obblighi è imputabile a cattiva volontà o menefreghismo ma, al contrario, è sempre più spesso il sintomo tangibile di serie difficoltà economiche che attualmente stanno interessando un gran numero di famiglie italiane le quali, purtroppo, non ce la fanno più a far tornare i conti di casa. Di fronte a tali particolari situazioni non è raro allora che l’amministratore si trovi in serio imbarazzo morale perché da un lato, come professionista, deve tutelare al meglio gli interessi del suo mandante, ovvero il condominio, recuperando anche in via forzosa quanto dovuto dal proprietario inadempiente e, dall’altro, comprende il peso del suo agire nei confronti di chi non ce la fa a tirare avanti.
In questi casi, come in tutte le situazioni di morosità, quale potrebbe essere la strada preferibile da seguire: il decreto ingiuntivo o la mediazione?
La mediazione presenta dei maggiori vantaggi per il condominio.
Infatti, in questi casi l’ingiunzione di pagamento darà il destro al debitore per proporre una pretestuosa opposizione a decreto ingiuntivo nella quale sarà lui a calendarizzare, a sua totale discrezione, la data di prima comparizione onde guadagnare altro tempo. Se il debitore non paga spontaneamente dopo il sollecito del creditore, è solo perché vuole prendere tempo, farsi finanziare dal creditore anziché ricorrere al credito bancario.
Se si considera che, nel tempo che è materialmente necessario al creditore per: a) depositare ed ottenere un decreto ingiuntivo ; b) attendere il decorso dei 40 giorni previsti per l’opposizione del debitore; c) attendere la data della prima udienza di comparizione nel giudizio di opposizione intentato dal debitore, subendo comunque l’alea di NON ottenere dal giudice la provvisoria esecutorietà, è ampiamente possibile esperire un procedimento di mediazione con la prospettiva di uscire da quel procedimento con un titolo definitivamente esecutivo, in pochissimo tempo, si può dire che la strada della mediazione sia sicuramente da percorrere.
Infatti, l’accordo di mediazione, firmato da tutte le parti e dai loro avvocati, ha valore di titolo esecutivo. In buona sostanza se in occasione della procedura di mediazione ci si mette d’accordo e il condomino non rispetta i patti, l’amministratore, dopo, potrà direttamente agire in via esecutiva, attraverso un atto di precetto, con riguardo alle somme oggetto dell’accordo.
IN DEFINITIVA: la mediazione può essere uno strumento efficace che giova a tutte le parti anche in considerazione dei costi molto sostenuti.
Per ulteriori informazioni potete contattare il numero 0683774664 o inviare una mail all’indirizzo: firstname.lastname@example.org o visitare il nostro sito www.dikemediazionecivile.it
64 commenti su “CONDOMINIO:INGIUNZIONE O MEDIAZIONE NEL RECUPERO DELLE MOROSITÀ?”
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