THE’art.1138 cc establishes that when the number of condominiums in a building exceeds ten, a condominium must be formed regulationwhich contains the rules regarding the use of common things and the distribution of expensesaccording to the rights and obligations of each condominium owner, as well as the rules for protection of decorum of the building and those relating toadministration.
Furthermore, the art. 68 available att. cc in the new formulation after the so-called Condominium Reform specifies that, where not specified by the title pursuant to article 1118, for the effects indicated by articles 1123, 1124, 1126 and 1136 of the code, the proportional value of each real estate unit is expressed in thousandths in a specific table attached to the regulation of condominium (first paragraph). In ascertaining the values referred to in the first paragraph, the rent, improvements and state of maintenance of each real estate unit are not taken into account (art. 68 provisions of the Civil Code, second paragraph).
The function of thousandth tables
The thousandth tables are the representation of a value relationship created using words and numbers, contained in a paper document. In particular, the thousandth tables are technically one numerical and graphic representation of a factual situation of the building, built with the combination of two fundamental criteria: one objective (measurement of the surface area of the property) and one evaluative (correction coefficients assigned by the technical editor).
The function of the thousandth tables is not only to establish the deliberative and constitutive quorums but also that of allowing the distribution of expenses. If a thousandth value is incorrect, the penalized condominium owner may therefore have an interest in the revision of the tables, with the specific intent of pay lower amounts to those resulting from the application of incorrectly formed tables.
The values of the tables
The preceding considerations may lead one to believe that the values in the tables must be expressed in thousandths. Moreover, as mentioned, art.68 disp. att. cc, first paragraph, underlines that the proportional value of each real estate unit is expressed in thousandths in a specific table attached to the condominium regulation (first paragraph). Article 68 provides. att. cc, however, is one derogable rulenot being included among the provisions classified as mandatory by art. 72 disp. att. cc In other words, neither the civil code nor the implementing provisions establish that the values of real estate properties must necessarily be expressed in thousandths.
Condominiums, therefore, can also adopt a criterion for sharing condominium expenses that refers to alternative indices to the thousandth onessuch as, for example, the number of rooms and not in thousandths, or the criterion of legal or virtual rooms in each apartment or even a different fractionation measure, such as the expression in hundredths or ten thousandths.
The intended use of the property
The intended use of the property certainly influences the calculation of the thousandths: consider that the destination coefficient takes on primary importance in the list of coefficients mentioned in the circular of the Ministry of Infrastructure and Transport 12480/1966, considered of fundamental importance for the preparation of the thousandth tables.
The exact identification of the cadastral category of the property will be followed by a corresponding coefficient for the purposes of drawing up the thousandth tables. However, it detects the intended use deriving from the urban planning title, and not Already actual use which in concrete terms makes it the condominium. Since the determination of the proportional values occurs taking into account the characteristics of the propertiesand not also of any possible destination for which they are actually used – which is determined, above all, by purely subjective evaluations, i.e. by personal needs and economic convenience – it follows that, where the objective characteristics of the property, taken into consideration in the determine the elements necessary for the calculation of the proportional values of the individual real estate units, remain unchanged, and only the external situation changes, which does not have direct consequences on the characteristics of the property, but only on its greater or lesser economic value, there are neither the details of the error nor of the changed conditions of the building to require the revision of the thousandth tables.
The latter are subject to change only in relation to errors, factual and legalwhich concern the determination of the elements necessary for the calculation of the value of the individual real estate units or to circumstances relating to the consistency of the building or its portions, which significantly affect the original proportion of the values. The mere change of intended use therefore does not determine the need to review the thousandths (Trib. Santa Maria Capua Vetere 29 March 2024, n. 1326).
Adhering to a different thesis would, moreover, lead to the illogical consequence of having to consider any claim for revision of the tables in force based solely on the free determination of each condominium owner who, for the most varied reasons, should hypothetically decide to use the own unit, for residential use or, vice versa, for commercial use.
THE’the irrelevance of subjective behaviors is also clearly evident from the rule referred to in the art. 68 cc available att. according to which, in ascertaining the values of the floors or portions of the floor, compared to that of the entire building, rent, improvements and maintenance status must not be taken into account. This rule is in fact justified in the fact that these elements do not concern the objective structural conformation of the floor or portion of the floor in relation to the entire building, which instead depends on other factors, given by extension, height, location and exposure.
Recently, in contrast with the above, the Court of Appeal has held that the change in the intended use of a cellar, even if it does not lead to changes in the conditions of the building caused by elevations with consequent increase in surface area, falls within the hypothesis indicated in point 2 of article 69 avail. att. cc. (App. Rome 31 May 2023, n. 3954).
