Judgment No. 18045 of 2024: Distribution of condominium heating expenses

The judgment No. 18045 of 01/07/2024 by the Court of Cassation serves as a crucial reference point in the distribution of condominium expenses, particularly regarding centralized heating. This decision clarifies that, when a heat accounting system has been adopted, expenses must be allocated based on the actual consumption recorded, rather than based on the property shares, a practice that is now deemed unlawful.

The context of the judgment

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

(DISTRIBUTION) IN GENERAL Centralized heating - Adoption of the heat accounting system - Distribution of expenses - Criterion - Actual consumption recorded - Consequences - Proportional distribution according to property shares - Illegitimacy - Foundation. In the matter of condominiums in buildings, the expenses of centralized heating, where a heat accounting system has been adopted, must be distributed based on the actual consumption recorded, thus making any division (even partial) based on the millesimal values of individual real estate units unlawful, as this expense distribution criterion is only possible in the absence of valid heat measurement systems to allocate them based on use.

The norms referenced by the judgment

The judgment refers to several norms of the Civil Code, particularly Articles 1118 and 1123, which regulate 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 correct measurement system is essential for a fair distribution of expenses, avoiding disparities and injustices among condominium owners.

Practical implications for condominium owners

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 regarding the actual costs of heating, based on real consumption.
  • It may lead ongoing disputes to reassess the methods of expense distribution, favoring 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 centralized heating. Establishing a distribution criterion based on actual consumption is not only fairer but also complies with existing regulations. This change could transform the way condominium owners manage expenses, making communal living more equitable for all tenants.

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