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The expenses necessary for the conservation and enjoyment of things intended to serve the condominiums to different degrees.
- 20/09/2021
The Court of Cassation with the order n. 24166 of September 8th, 2021, established that, pursuant to art. 1223 of the Italian Civil Code, the allocation and distribution of expenses must take place on the basis of the criterion of the function; therefore, the cost that arise from the subjective and personal enjoyment of the property must be divided in proportion to the utility that each individual condominium can derive from the common thing. Consequently, if the object of the intervention cannot be used by one or more condominiums, there is no obligation for the latter to contribute to the costs. In the present case, the Supreme Court has placed the costs incurred for the adaptation to the fire regulations relating to the works that involved the safety of the garages as a whole to be borne only by the owners of the same.
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