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

The recent order no. 16760 of June 17, 2024, issued by the Court of Cassation, offers important clarifications on the allocation of maintenance expenses in condominium contexts. This decision focuses on the distinction between common parts and exclusive properties within a condominium, a matter of fundamental importance 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 co-owner, which also serves as a cover for the underground basement rooms owned by the condominium, the maintenance expenses are borne by the exclusive owner. This is in line with Article 1125 of the Civil Code, which establishes that the floor of the upper level falls under the responsibilities 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. – Competences of the assembly

Implications of the decision

The Court has therefore declared null and void any assembly resolution that attempts to impose an allocation of expenses for extraordinary maintenance, repairs, or reconstructions relating to parts of exclusive property. This principle is essential to ensure that responsibilities are clearly defined and respected, avoiding conflicts and misunderstandings among co-owners.

ATTICS, CEILINGS, FLOORS Condominium – Repair of a ground-floor room that is the exclusive property of a single co-owner, which also serves as a cover for the underground basement rooms owned by the condominium – Allocation of expenses – Assembly’s competence – Exclusion – Consequences. In the context of condominiums, where repairs are to be carried out on a ground-floor room that is the exclusive property of a single co-owner, which also serves as a cover for the underground basement rooms owned by the condominium, the expenses relating to the maintenance of the part of the structure consisting of the floor of the upper level are borne by the exclusive owner of the room pursuant to art. 1125 c.c. and, therefore, do not fall within the competences of the condominium assembly, which is competent to decide on interventions relating to the common parts of the condominium building only; consequently, any assembly resolution concerning the allocation of extraordinary maintenance, repairs, or reconstruction of parts of exclusive property is null and void.

Conclusions

In summary, order no. 16760 of 2024 represents a significant step forward in clarifying responsibilities within condominiums. It clearly states that expenses relating to parts of exclusive property cannot be imposed by the condominium assembly, thus strengthening the rights of individual owners and precisely defining the competences of the assemblies. This ruling is part of a legal framework aimed at protecting the interests of all co-owners, avoiding conflicts and ensuring a fairer management of condominium expenses.