Caserta, stop to parking spaces rented to the condominium: the appeal starts

Caserta, stop to parking spaces rented to the condominium: the appeal starts
Caserta, stop to parking spaces rented to the condominium: the appeal starts

Stop the renewal of the rental contract for the parking area in via Patturelli, residents protest against the Municipality. Forty-eight families presented an appeal to the Campania Regional Administrative Court after receiving a letter from the municipal administration announcing the Authority’s decision to cancel the contract, signed in 2018 and expiring on September 30th, which allowed the inhabitants of the Patturelli condominium to have, upon payment of an annual fee, the surface area for parking their vehicles. «The decision, as stated in the letter signed by the manager Luigi Vitelli, is linked to emerging needs of public interest».

The area in question, which extends for approximately 1,269 square meters, is in fact adjacent to the site where the Municipality is about to begin construction work on a children’s centre to be financed with Pnrr funds. The contract has already been signed and the works are expected for the first weeks of July. In addition to hosting around forty stalls, this space also represents the only access route to the underground garages owned by the condominium which in fact has had this public land on the surface since its construction, when it was still available to the State Property which only subsequently it ceded it to the Municipality as a result of federalism.

Hence the protest of residents who do not intend to give up this area. «After receiving the note from the Authority, explains Colonel Salvatore Mugneco, one of the residents filed an access to the documents to find out the new intended use of the area, also because the Municipality did not provide explanations on the matter, but we have not received feedback.” Hence the appeal to the TAR which will be discussed on October 24th. «It is important to underline – concludes Mugneco – that we are in favor of the Pnrr projects, especially when they are aimed at improving services and liveability of a territory but this must not happen by harming citizens”.

For the residents, in fact, the management note announcing the cancellation of the contract is illegitimate «because we read in the warning to the Municipality drawn up by the lawyer Paolo Centore, lawyer for the condominiums – there is no proof of the functionality of the leased area with respect to the construction of the new childhood center and, in any case, to the achievement of institutional goals. The site in question is not intended to host the infrastructure being built, which will be located on another lot. We therefore do not understand the reasons of public interest underlying the choice to exercise the contractual termination. The absence of an indication of a specific intended use, by law conditions the effectiveness of the cancellation. Furthermore, it should be underlined that the two areas are separated by a wall more than two meters high which, at least from the plans, does not appear to be demolished.” The timing of communication of the stop to the contract renewal which should have been notified twelve to eighteen months before the expiry was also disputed. Hence the warning to the administration “to undertake further actions aimed at obtaining the forced release of the property, both with the aid of the public force and through judicial action”.

A protest, that of the Patturelli condominium, which causes more than one concern for the Palazzo di Città. In fact, the fear is that this appeal could slow down the Pnrr project. However, there is no official note on the intended use of the area which, however, according to some, could become a car park for the school staff and the parents of the students. What the Municipality openly contests against the condominium owners is the failure to pay the rent for the four-year period between 2020 and 2023, for a total amount of 57,768.95 euros. A sum which, according to what was stated by the condominium owners, corresponds to the amount of the deposit, withheld by the Institution as a deposit, at the time of signing the contract. In the indicated area there is also an exclusively pedestrian passage, also regulated by a rental fee, serving the residents of another condominium, which is located right next tothe future construction site and which could suffer the same fate as Patturelli.

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