The breakdown of roof costs
On the subject of condominiums, the roof renovation costs are borne by the condominiums pursuant to the articles 1117 and 1123 cc, in proportion to the floor or portion of the floor belonging to each of them exclusivelysave different convention between them, who cannot, however, fail to intervene with the unanimous consent of all condominiums. It must be considered, however, that the prerequisite for the attribution of common property in favor of all co-shareholders is no longer present if the things, systems and services in common use, due to objective structural and functional characteristics, are necessary for existence or use (i.e. are intended for use or service) of some real estate units.
As, if the roof consists of two distinct buildingsone composed of layers of brick and concrete (damaged) and the other composed of wooden layers (which does not need maintenance) Only condominiums covered by the part of the roof to be redone must be summoned to the assembly meetingand, only the participants in the condominium who will have to bear the costs of extraordinary maintenance works; consequently, in order to avoid the emergence of disputes between condominium owners, in practice it is desirable that the technicians responsible for the preparation of the thousandth tables adopt a new approach, which gives the right importance to the precept of the third paragraph of article 1123, so as to allow a clear breakdown of expenses among those who participate in the partial condominium and those who are not involved must be excluded.
The roof of the exclusive property condominium
When the roof of the condominium building is the exclusive property of one of the participantsit has been held in jurisprudence that maintenance costs of the same must be distributed according to the criteria set out in the art. 1126 ccas, in fact, established for solar panels for exclusive use (Cass. Civ., section II, 30/01/1985, n. 532; Trib. Salerno 17 April 2008). In the absence of judicial verification and/or consent of all condominiums, the assembly cannotwith reference to an asset that is presumed common pursuant to art. 1117 cc, like the roof, establish that it belongs to a condominium owner exclusively and apply, on this basis, the rule set out in the art. 1126 cc
The assembly Indeed it certainly cannot replace the judge in ascertaining ownershipnor can the declaration contained in the minutes of a condominium meeting, if it involves the recognition of the exclusive ownership of some assets in favor of certain condominiums, have the effectiveness of an extrajudicial confession, at least attributable to the condominiums present at the meeting, not being included , pursuant to art. 1135 cc, the powers of the assembly are to establish the extension of common goods and exclusive properties.
In this case therefore the expense must be provisionally divided according to the ordinary criteria referred to in the art. 1123 cc among all condominiumswithout prejudice to the right of them to take legal action, individually or through the administrator in order to have the nature of the roof ascertained. Until it is judicially ascertained that the roof is exclusive property, the assembly cannot disregard the ordinary distribution criterion, nor disapply the thousandth tablesbut is required to observe the general rule established by art.1123 cc, according to which each expense charge must be made based on the participation share of each condominium owner in the common propertythat is, based on thousandths. A resolution of the condominium assembly cannot ascertain the extension of the exclusive ownership rights of individuals in derogation of the presumption of condominium ownership of the common areas established by the art. 1117 cc, as this requires the agreement of all condominiums.
It follows that there decides which determines by majority the scope of common goods and exclusive properties it is nothingwhereby the defect can be raised without observing the limitation period pursuant to art. 1137 cc (App. Rome 14 June 2024 n. 4254).
