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The laws which have come into force from 1865 until the present day, discipline the concept of the local road by dividing it into two classifications:
Local road for public use
Local road for private use
Both are considered as being roads by the Highway Code, but the problem to be faced nearly always concerns their management and their maintenance; to this regard, the set of laws and customs foresees that the owners must take responsibility for this along with all the users, even if they are not the owners, who use it to get to their own properties, even if these properties do not border on the road in question. Moreover, the Municipal Administration is obliged to contribute towards the maintenance costs, which up to 1978 foresaw this practice as compulsory only for local roads for public use, as the distinction regarding the Municipality's contribution, which can vary from one fifth to half of the total cost for the management and maintenance, being obligatory for roads for public use and optional for those roads not intended for public right of way, has failed.
With reference to the management and the maintenance of this type of road, the law foresees that the Municipal Administration must constitute a Management Consortium for the local roads for public use, and if not the Prefect should take care of it, while the roads for private use are regulated by the civil code, articles 1100-1116 concerning the Community of goods of common use, and it is therefore possible to create a Community of Owners, which deliberates on the management of the road, and its majority can compel the dissenters to share the costs, as well as to partake in the management of it.
The management of the LOCAL ROADS, by our company foresees an activity which is carried out in two phases:
1. PRELIMINARY PHASE, the cost of this is a one-off occurrence and it will be divided up into the proper shares during the first useful assembly and it foresees:
- Technical examination of the current situation of the local road, consisting of the preparation of cartographic documents, inspections using technicians qualified in surveys and measurements, contact with the competent Municipal Administration to check and verify if the road is considered and/or registered as a local road for public use for which the law obliges the Municipality to constitute a Management Consortium, or if it is private, in which case it is necessary to constitute a Community of Owners (Articles 1100-1116 C.C.) for its management and maintenance, in which the Municipal Administration itself must participate financially as the possibility of having the authority to do so has been abolished, along with whoever uses the road to reach their property even if that property is not adjacent to the road;
- Preparation of the millesimal calculations for dividing up the costs of management and maintenance which takes into consideration not only the simple ownership of the funds but also a whole series of additional or diminutive components, which contribute to the formation of a value for establishing the proper distribution;
- a.Verify if the Community of Owners has ever convened a Meeting to nominate an Administrator and, if needed, approve a Regulation to be used for the division of the administration and maintenance costs;
2. OPERATIONAL PHASE, the yearly cost of which will be charged as an additional fee to the single entities which make up the Community of Owners, and which foresees that the following activities are carried out:
- Convocation of the first Meeting, if the owners have not already done so, or of another Meeting, if necessary, to approve and/or modify a Regulation;
- Preparation and/or modification of the Regulation concerning the management of the road, if not already present and/or if it is in need of modifications;
- Management of the ordinary and extraordinary expenditures necessary for the correct functioning of the services in common and for rhe maintenance of the communal areas through the payment into a bank account of a breakdown of fees to be agreed upon in a Meeting;
- Putting the decisions reached at the meeting into effect and ensuring that the regulations are followed;
- Settling, if possible, any differences which could arise amongst the members of the Community of Owners;
- Convocation of the ordinary Meeting which normally takes place within 60 days from the end of the financial year, as well as an extraordinary meeting which it will be deemed necessary to convene; any other Meetings, other than the two scheduled ones, which should be convened, will be billed separately along with the additional expenditures;
- Holding and keeping up to date all account books, the minutes of the meetings, as well as the list of owners or tenants with their personal information
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