Order No. 16760 of 06/17/2024: Repairs and Condominium Expenses

The recent order no. 16760 of June 17, 2024, issued by the Court of Cassation, provides important clarifications on the allocation of maintenance expenses in condominium contexts. This decision focuses on the distinction between common areas and exclusive properties within a condominium, a fundamentally important issue for property owners and managers.

The Nature of Maintenance Expenses

According to the order, when it comes to repairing a ground floor room that is the exclusive property of a single condominium owner, which also serves as a cover for the underground cellar spaces that are condominium property, the maintenance costs are the responsibility of the exclusive owner. This is in line with what is established by Article 1125 of the Civil Code, which states that the floor of the upper floor falls under the attributions of the exclusive owner and not the condominium assembly.

  • Art. 1125 c.c. – Maintenance of exclusive parts
  • Art. 1123 c.c. – Allocation of expenses
  • Art. 1135 c.c. – Powers of the assembly

The Implications of the Decision

The Court has thus declared null any assembly resolution that attempts to impose a distribution of extraordinary maintenance expenses, repairs, or reconstructions related to parts of exclusive property. This principle is essential to ensure that responsibilities are clearly defined and respected, avoiding conflicts and misunderstandings among condominium owners.

ATTICS, CEILINGS, FLOORS Condominium - Repair of the ground floor room that is the exclusive property of a single condominium owner, which also serves as a cover for the underground cellar spaces that are condominium property - Allocation of expenses - Assembly competence - Exclusion - Consequences. In the context of condominiums, when it is necessary to repair the ground floor room that is the exclusive property of a single condominium owner who also serves as a cover for the underground cellar spaces that are condominium property, the expenses related to the maintenance of the structural part constituted by the floor of the upper floor are the responsibility of the exclusive owner of the room under Article 1125 of the Civil Code and, therefore, do not fall under the attributions of the condominium assembly, which is competent to deliberate on interventions related only to the common parts of the condominium building; thus, any assembly resolution concerning the allocation related to extraordinary maintenance, repairs, or reconstruction of parts of exclusive property is null.

Conclusions

In summary, order no. 16760 of 2024 represents an important step forward in clarifying responsibilities within condominiums. It clearly states that expenses related to parts of exclusive property cannot be imposed by the condominium assembly, thereby reinforcing the rights of individual owners and precisely outlining the powers of the assemblies. This ruling fits into a legal context aimed at protecting the interests of all condominium owners, avoiding conflicts, and ensuring a fairer management of condominium expenses.

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