Condominium Damages: When the Law Intervenes

Living in a condominium means sharing spaces and responsibilities, but when damages such as water infiltration, humidity, or structural damage occur, the situation can become a source of considerable stress. Understanding who is responsible and how to proceed to obtain fair compensation is a complex path, often hindered by internal condominium dynamics, administrator's inertia, or disputes with neighbors. In these contexts, the intervention of a professional is crucial to protect one's rights and obtain compensation for the damage suffered. As an expert lawyer in damage compensation in Milan, Lawyer Marco Bianucci addresses these issues with a rigorous method, aimed at identifying responsibilities and ensuring the client full compensation for patrimonial and non-patrimonial damages suffered.

Identifying Responsibilities: A Legal Analysis

The key to resolving a condominium damage dispute lies in correctly identifying the responsible party. The Italian Civil Code provides a precise regulatory framework, primarily distinguishing between damages arising from common parts and those originating from exclusive properties. According to Article 1117 of the Civil Code, elements such as the roof, terraces, foundations, main walls, and centralized water systems are considered common parts. For damages originating from these areas, responsibility falls on the entire condominium, which acts as custodian pursuant to Article 2051 of the Civil Code. Consequently, the condominium will have to compensate the damaged owner, then distributing the expense among all condominium members according to the thousandths tables.

Conversely, if the damage originates from a private property, such as a broken pipe within an apartment, the responsibility lies with the individual owner. In this case, the compensation action must be directed directly against the neighbor. A central figure in these dynamics is the condominium administrator. They have a duty to act diligently for the preservation of common parts. Their omission, such as the failure to carry out necessary and urgent maintenance work, can constitute their personal liability, concurrent or exclusive, for the resulting damages.

The Bianucci Law Firm's Approach

Addressing a claim for condominium damages requires a clear and pragmatic strategy. The approach of Lawyer Marco Bianucci, an expert lawyer in damage compensation in Milan, focuses first and foremost on a detailed analysis of the situation. The first step is to gather all necessary documentation, such as photographs, meeting minutes, correspondence with the administrator, and, if available, an expert technical report that precisely quantifies the extent of the damage and identifies its cause. This preliminary phase is crucial for building a solid evidentiary basis.

Once responsibility is established, the Bianucci Law Firm favors a conciliatory approach, sending a formal notice of default to the responsible party to request compensation out of court. This route often allows for resolving the issue more quickly and at a lower cost. If the amicable attempt is unsuccessful, the most appropriate legal actions are taken, such as a request for Preliminary Technical Assessment (ATP) to crystallize the proof of damage and its cause, or a merits action to obtain a judgment ordering compensation. The goal is always to provide the client with the most effective and concrete solution for the restoration of their rights.

Frequently Asked Questions

Who pays for damages from infiltration from the roof or terrace?

Damages originating from the roof or terrace, as these are considered common parts of the building, are the responsibility of the entire condominium. The expense for compensation and repairs is distributed among all condominium members based on their respective property thousandths, unless the terrace is for exclusive use, in which case the distribution of expenses follows specific criteria provided by law.

What to do if the upstairs neighbor causes an infiltration and does not intervene?

The first step is to formally communicate the problem to the neighbor and the condominium administrator, preferably by registered mail with return receipt or PEC. It is essential to document the damages with photographs and videos. If the neighbor does not take action to resolve the cause of the damage and compensate for the prejudice, it is necessary to send a letter of formal notice through a lawyer to demand intervention and compensation. In case of further inaction, legal action will be necessary.

How long do I have to claim damages?

The right to compensation for damage resulting from an unlawful act, as in the case of condominium damages, generally expires in five years. The term begins to run from the day the damage manifested itself and the injured party was able to perceive its severity, cause, and potential responsible party. However, it is advisable to act with the utmost promptness to avoid compromising the possibility of collecting necessary evidence.

Does the condominium insurance always cover these types of damages?

Not necessarily. The condominium insurance policy, known as a 'global building policy,' has specific conditions and limits. It may cover damages to common and private parts, but often includes deductibles, limits, or exclusions for certain events (e.g., damages from lack of maintenance). It is essential to carefully analyze the insurance contract to verify actual coverage for the claim.

Request a Case Evaluation in Milan

If you are facing a problem with damages within your condominium and require legal support to obtain fair compensation, you can contact the Bianucci Law Firm. The experience gained in managing these disputes allows for targeted and effective assistance. Contact the firm for an in-depth evaluation of your case in Milan; lawyer Marco Bianucci and his team are at your disposal to define the most appropriate strategy to protect your rights and your assets.