Judgment No. 11482 of 2024: The Burden of Expenses for a Common Wall

The recent judgment No. 11482 of April 29, 2024, issued by the Court of Cassation, offers an important clarification regarding the obligation to contribute to the repair and reconstruction of common walls. This decision falls within the regulatory framework provided by Article 882 of the Civil Code, which governs relations between co-owners in the event of damage to common property. We will analyze, below, the main highlights of the judgment and its practical implications for co-owners.

Regulatory Context

The fundamental principle established by Article 882, paragraph 1, of the Civil Code is that the expenses for necessary repairs and reconstructions of a common wall are borne by all co-owners, proportionally to their respective ownership shares. However, as clarified by the Court, there is an exception to this principle if the expense was caused by the exclusive act of one of the co-owners.

Obligation to Contribute - Repair and Reconstruction of a Common Wall due to an Act attributable to one of the Co-owners - Burden of Expenses borne by the latter. Pursuant to Article 882, paragraph 1, of the Civil Code, necessary repairs and reconstructions of a common wall are borne by all co-owners in proportion to their respective shares, unless the expense was caused by the exclusive act of one of the co-owners, in which case the obligation to repair the common wall is entirely placed on whoever caused the act that gave rise to the expense.

Implications for Co-owners

The judgment in question emphasizes the importance of clearly identifying responsibilities in cases of damage to common walls. The practical implications of this decision are manifold:

• Clarity in the apportionment of expenses among co-owners.
• The need to document any damage and the causes that generated it.
• The possibility of recourse against the party who caused the damage in the event of extraordinary expenses.

In this regard, it is essential that co-owners are informed of their rights and duties to avoid conflicts and misunderstandings. The Court, with this order, offers a useful legal framework for resolving any disputes that may arise concerning common property.

Conclusions

In conclusion, judgment No. 11482 of 2024 represents an important reference point for managing expenses related to common walls. It clarifies that, in the event of damage caused by a single co-owner, the burden of bearing the repair costs falls entirely on him. It is essential that co-owners are aware of these provisions to ensure proper management and peaceful coexistence within the condominium community.