Judgment no. 18045 of 2024: Allocation of condominium expenses for central heating

Judgment no. 18045 of 01/07/2024 by the Court of Cassation serves as a crucial reference point in the area of condominium expense allocation, particularly concerning central heating. This decision clarifies that, where a heat accounting system has been adopted, expenses must be allocated based on actual recorded consumption, rather than on property thousandths, a practice that is now deemed unlawful.

Context of the Judgment

The case concerns a dispute between two condominium owners, P. and C., where the Court of Appeal of Rome had previously ruled for the allocation of heating expenses according to thousandths. However, the Court of Cassation overturned this decision, emphasizing that the criterion adopted was inadequate in the presence of a heat measurement system. According to the Court, this allocation criterion is only valid in the absence of measurement systems, which renders the practice of subdivision based on thousandths unlawful.

(ALLOCATION) IN GENERAL Central heating - Adoption of heat accounting system - Allocation of expenses - Criterion - Actually recorded consumption - Consequences - Proportional allocation to property thousandths - Unlawfulness - Basis. In the matter of condominium buildings, central heating expenses, where a heat accounting system has been adopted, must be allocated based on actually recorded consumption, thus rendering their subdivision (even if partial) based on the thousandths values of individual real estate units unlawful, as this criterion for allocating expenses is only possible in the absence of heat measurement systems capable of allocating them based on usage.

Provisions Cited in the Judgment

The judgment refers to several provisions of the Civil Code, particularly Articles 1118 and 1123, which govern condominium expenses. Furthermore, Law 09/01/1991 no. 10 and Legislative Decree 04/07/2014 no. 102 are cited to highlight the importance of heat accounting. These regulatory provisions support the idea that a proper measurement system is fundamental for a fair allocation of expenses, preventing disparities and injustices among condominium owners.

Practical Implications for Condominiums

The practical consequences of this judgment are manifold:

• It encourages the adoption of heat accounting systems in condominiums, promoting a fairer management of expenses.
• It provides condominium owners with greater transparency on the actual costs of heating, based on real consumption.
• It may lead to ongoing litigation to re-evaluate the methods of expense allocation, favouring a review of established practices.

Conclusions

In conclusion, judgment no. 18045 of 2024 represents a significant step forward in the regulation of condominium expenses for central heating. Establishing an allocation criterion based on actual consumption is not only fairer but also complies with current regulations. This change could transform how condominiums manage expenses, making condominium living fairer for all tenants.