Commentary on Judgment No. 18238 of 03/07/2024: The Super-Condominium and its Constitution
Judgment No. 18238 of July 3, 2024, issued by the Court of Cassation, represents an important clarification regarding super-condominiums, a legal institution of growing relevance in the Italian condominium landscape. The Court ruled that a super-condominium is constituted ipso iure et facto, without the need for assembly approvals, provided that there are multiple buildings connected by common systems and services.
The Notion of Super-Condominium
As highlighted in the judgment, a super-condominium is formed when multiple buildings, each of which is a condominium in itself, share certain common assets, systems, or services. This concept is well-defined by Article 1117 of the Italian Civil Code, which governs the co-ownership of real rights.
- Constitution occurs automatically, without the need for formal acts of will.
- It is sufficient for there to be a plurality of buildings with common assets.
- Each owner of the individual buildings participates, pro quota, in the shared assets.
NOTION, DISTINCTIONS - IN GENERAL Super-condominium - Constitutive moment - Ipso iure et facto - Configurability - Assembly approval - Necessity - Exclusion - Conditions - Plurality of condominium buildings - Systems and services connected to each of the buildings by a necessary accessory relationship - Ownership pro quota by each of the owners of the individual buildings. Similar to condominiums in buildings, governed by Articles 1117 et seq. of the Civil Code, the so-called super-condominium also comes into being ipso iure et facto, unless the title provides otherwise, without the need for specific manifestations of will or other expressions, and certainly not for assembly approvals, it being sufficient that individual buildings, constituted as separate condominiums, have in common certain assets, systems, and services linked, through the relationship of accessory and principal, to the buildings themselves and therefore belonging, pro quota, to the owners of the individual real estate units within the different buildings.
Practical Implications of the Judgment
The decision of the Court of Cassation offers important operational insights. Firstly, it clarifies that the absence of the need for assembly approval facilitates the management of common services, making coordination between the different condominiums easier. Furthermore, the judgment reiterates the importance of the accessory relationship between assets, which is fundamental for the configuration of the super-condominium.
Conclusions
In conclusion, judgment No. 18238 of 2024 represents a significant step towards greater clarity in the regulation of super-condominiums. Its jurisprudential interpretation favors leaner and more collaborative management among the various condominiums, thus promoting optimal use of common resources. It is essential for owners to be aware of these provisions to avoid disputes and to ensure harmonious coexistence within residential complexes.
