Tacit Millesimal Tables Tacit: Is it valid? What does the law say

Tacit modification of the thousandth tables: a controversial jurisprudential thesis

According to a part of the jurisprudence the participation with the vote in favor of the repeated resolutions adopted by the assembly of condominiums of a building To start the expenses according to a value of the shares of the individual condominiums other than that expressed by the thousandth tables original, or the acquiescence represented by the concrete non -application of the same tables for several years can take on the value of a unique behavior detector of the will to the partial modification of the division criteria by the condominiums who participated in the votes or who have joined or accepted the different subdivision.

In other words, this behavior can give rise to one Convention modifier of the relative disciplineThat, having a contractual nature and not affecting real rights, it does not require the written form, but only the consent also tacit or “For facta concludentia”as long as unequivocal of the assembly of condominiums (App. Milan 9 June 2022, n. 2040; Cass. Civ., Section II, 10/02/2009, n. 3245). This thesis is not shared. The reasons are highlighted in one Recent decision of the Court of Grosseto sentence no. 80 of January 27, 2025). Let’s see the story.

The story

A condominium he challenged the resolutions adopted by the Assemblywith which the finals of 2019, 2020 and 2021 and the estimate of 2022 were approved, contesting the distribution of expenses inherent in the basement. The actor claimed that The distribution of expenses had not occurred in accordance with the original contractual tables.

The condominium defended itself by claiming that since 2000 the assembly of condominiums proceeded to the distribution of common expenses according to the Tables drawn up by a surveyor (that the new administrator had acquired from previous administrators), who have always been used without disputes by the participants in the assembly for the drafting and approval of the condominium budgets: according to the condominium therefore the new tables had to be considered now binding. In addition, the defendant highlighted how The tables attached to the 1968 regulation were now old and not compliant with the real state of the placesin the meantime, changed.

The decision

The Court stressed that The power to modify the conventional criteria for the distribution of condominium expenses beyond the attributions of the assemblynecessary for this purpose a agreement between all condominiums. From this it follows that the possible adoption by the administrators of tables not specifically approved unanimously by the condominiums, for the purposes of the modification of the conventional criteria originally approved by these, and the approval by the assembly of budgets drawn up in accordance with these new unconventional criteria They are not sufficient elements to consider a valid and effective modification of the criteria established in the contractual tables of the original regulationas such a change requires the agreement between the condominiums.

The Tuscan judge recalled that It is not relevant that the tables contained in the original regulation are now obsolete and inidonee to fully represent the factual situation that created in the condominium building: a thousandth table even if not in compliance with the factual reality of the condominium building does not automatically become disapplicable.

As clarified by the same court, if the values ​​of a thousandth table, based on events that have occurred, differ from the current values ​​of the exclusive units, it is necessary to proceed with the judicial review of the tableswithin the limits allowed by art. 69 disp. att. cc, and in any case it is possible, always based on this article by the law, to proceed with theirs modification unanimously of the consensus of condominiums. Therefore, all you can do is apply the criteria for the allocation of the expenses contained in the original condominium regulation and therefore refer to the thousandth tables contained in it.

Conclusive reflections

The contractual tables can be modified except with the same totalitarian consent that has given rise to the original approval. The thousandth tables in the current regime they must be modified unanimously or modified with the qualified majority referred to in art. 1136 paragraph 2 cc in the cases provided for by the aforementioned art. 69 disp. att. cc, always with an act having a written form (in this sense, court of Torre Annunziata, 21/09/2020 n. 1330).

In this perspective, the legitimacy judges observed that a change in the thousandth tables always requires the written form And it cannot be considered such under a behavior of the condominiums that substantiate itself in an alleged silent acceptance of the new values ​​by the condominiums. Although this happens for a prolonged period of time (Cass. Civ., Section 6-2, 14/10/2022, n. 30305). There is no doubt that, currently, The de facto behaviors can no longer determine any legal effect regarding the approval and/or revision of the thousandth tables.