How to avoid legal disputes in condominiums

Let's imagine a situation that is far from rare. During a heavy storm, the top floor apartment of a building suffers water infiltration from the flat roof, which is condominium property. The owners' association, concerned about keeping costs down, decides on a “stopgap” solution: a quick and inexpensive repair, postponing a complete waterproofing overhaul, despite the technical opinion suggesting a more structural solution.

From the owners' meeting decision to the start of litigation

The administrator endorses the choice, considering it economically sustainable. On the surface, it seems like a reasonable decision. In reality, it is the first step towards a spiral of litigation that will end up involving the damaged condominium owner, the condominium, the administrator and the contractor. This example shows how the condominium, often perceived as a simple entity, is in fact a complex centre of legal relationships. A single wrong choice can trigger a chain reaction, multiplying liabilities and lawsuits. Understanding this mechanism is essential for administrators and condominiums who want to manage the property in an informed manner and prevent costly legal consequences.

In fact, in condominiums, there are various forms of liability that can overlap. The first is liability for the custody of common areas. The condominium is liable for damage caused by common areas – such as the roof, facades or flat roof – as the entity responsible for their custody. Article 2051 of the Civil Code provides for particularly strict liability: the damaged condominium owner need only prove that the damage originated from the common area. To be released from this liability, proof of “fortuitous event” is required, which is rare in practice.

The contractual liability of the administrator and companies

Alongside this, there is contractual liability, which arises from the breach of obligations assumed under a contract. The relationship between the condominium and the administrator is similar to a mandate: the administrator must operate with the diligence required by the professional nature of the assignment. If, through negligence or inadequate management, they expose the condominium to avoidable damage, they may be held liable under Article 1218 of the Italian Civil Code. Similar liability profiles apply to companies commissioned to carry out work, which are required to perform the work in a workmanlike manner.

Finally, there is internal liability between condominium owners, which arises when expenses are allocated. When the condominium is ordered to pay compensation for damage, the amount is divided among all the condominium owners on the basis of their ownership shares, with the result that even the condominium owner who has suffered damage contributes pro rata to the payment.

From ineffective intervention to a proliferation of disputes
Returning to the initial example, the ‘temporary’ repair proves ineffective. After a few months, the damage to the flat worsens: mould, plaster falling off the walls, some rooms unusable.

The first dispute arises from the action taken by the condominium owner against the condominium, aimed at obtaining compensation for damages. In application of the principles of custodial liability, the condominium is highly likely to be ordered to bear the costs of restoration, in addition to legal fees. At this point, a second front opens up: the condominium against the administrator. The condominium owners identify the initial choice – endorsed by the administrator – as the cause of the aggravation of the damage and contest the violation of professional diligence obligations, having favoured a solution that was economically convenient in the short term but harmful in the long term.

Finally, a third dispute cannot be ruled out: the condominium against the contractor, if the work was carried out in a non-compliant manner or with inadequate materials, with actions based on defects in the work. A single wrong decision thus gives rise to several separate lawsuits, with a significant expenditure of economic and organisational resources.

Preventing disputes: mistakes to avoid and effective solutions

This multiplication of responsibilities is often the result of recurring errors. Among the most frequent are generic assembly resolutions, which authorise work without defining its content, methods and responsibilities. Added to this are poorly structured contracts, based on summary estimates and lacking adequate guarantees.

The logic of saving at all costs also plays a decisive role, leading to an underestimation of future risks, as well as a widespread lack of awareness of the obligation to maintain common areas and the consequences thereof. Once litigation has begun, the room for manoeuvre is reduced. True protection lies in prevention. From this perspective, preventive legal advice is a risk management tool: it supports the assembly in drafting clear resolutions, allows for the structuring of more protective contracts and helps to correctly assess liability profiles before making potentially harmful decisions. This approach protects the condominium's assets and also strengthens the position of the administrator, who demonstrates that they have acted with the necessary diligence.

Conscious management of the condominium

In conclusion, a condominium is a complex legal ecosystem in which every decision can have a knock-on effect. Investing in maintenance, making clear and technically sound decisions, and acting professionally does not mean increasing costs, but rather reducing the risk of future disputes. In the condominium sector, the best lawsuit is often the one that never happens. Careful and informed management is the real guarantee for the protection of common property and for the peace of mind of condominium owners.

edited by Francesco Petitti

Lawyer

+39 389 9016345

f.petitti@rdclegalsolutions.com

edited by Daniele Turchetta

Lawyer

+39 377 2385937

d.turchetta@rdclegalsolutions.com