Valerio Faenza

Disconnection from Condominium Central Heating and Extraordinary Maintenance Costs

In order no. 1098 of 19 January 2026, the Italian Court of Cassation clarifies the financial obligations of unit owners detached from the central heating system. The ruling confirms that relinquishing the daily use of the heating installation does not…

Condominium Administrators in Prorogatio: Statutory Limits to Urgent Powers

Italian original: Amministratore in prorogatio: i limiti legali ai poteri urgenti

In judgment no. 21883 of 26 June 2026, the Italian Court of Cassation delineates the legal boundaries of condominium management following resignation. Pursuant to Article 1129, paragraph 8, of the Italian Civil Code, the outgoing administrator is strictly…

Access to Neighbouring Property in Condominiums: Prohibition of Permanent Encroachments

Italian original: Accesso al fondo del vicino in condominio: no a pesi permanenti

This article analyses the order of the Italian Supreme Court of Cassation, Second Civil Division, 21 September 2026, no. 25609, regarding access to neighbouring property within condominiums under Article 843 of the Italian Civil Code. The Court established…

Faithless Building Administrators: Commingled Account Transfers and the Burden of Proof

Italian original: Amministratore infedele: storni tra condomini e onere della prova

The Italian Court of Cassation, Third Civil Section, order no. 25301 of September 14, 2026, defines the restitutionary framework governing unauthorized fund transfers orchestrated by an unfaithful building manager handling multiple condominiums. The Supreme…

Buildings Under Construction, Suretyship Guarantees, and Notarial Civil Liability

Italian original: Immobili da costruire, fideiussione e responsabilità notaio

Supreme Court of Cassation, Third Civil Section, judgment No. 20718 of June 18, 2026, examines the intersection between the protective framework for purchasers of buildings under construction under Legislative Decree No. 122/2005 and the professional duty of…

Condominium Lift Installation and Removal of Architectural Barriers: Evolving Limits

Italian original: Ascensore condominiale e barriere architettoniche: i nuovi limiti

The installation of a lift in a condominium building to remove architectural barriers was re-examined by the Italian Court of Cassation, Second Civil Section, in order no. 23484 of 18 July 2026, in light of the supervening legislation introduced by…

Joint and Several Liability Across Contractual and Tortious Claims Under Article 2055

Italian original: Art. 2055 c.c.: solidarietà tra titolo contrattuale ed aquiliano

Order No. 28744 of 30 October 2025 issued by the Third Civil Section of the Italian Court of Cassation confirms the landmark ruling of the Joint Sections (No. 13143/2022) regarding joint and several liability under Article 2055 of the Italian Civil Code. In…

Photovoltaic Installations in Condominiums: Limits Imposed by Co-Ownership Quotas

Italian original: Fotovoltaico in condominio: l’installazione si ferma ai millesimi

The installation of photovoltaic systems on shared condominium areas is a key mechanism for accelerating energy transition in buildings. Article 1122-bis of the Italian Civil Code establishes a favorable legal framework for single-unit systems, specifying…

Architectural Barriers in Condominiums: Derogations from Statutory Building Distances

Italian original: Barriere architettoniche in condominio: la deroga alle distanze

This article examines Supreme Court decision no. 16428/2026, which addresses the removal of architectural barriers within condominium buildings. The Court reaffirmed the primacy of constitutional solidarity over private property rights, stating that…

Civil Liability for Damages Caused by Projecting Balconies in Condominium Law

Italian original: La responsabilità per danni da balconi aggettanti del condomino

This paper analyzes the ruling of the Court of Napoli Nord dated June 8, 2026, regarding the liability for damages caused by projecting balconies. The author examines the individual condo owner's standing as proper defendant (legittimazione passiva) for…

Enforceability of Condominium Regulations and Parking Prohibitions Against Third Parties

Italian original: Opponibilità del regolamento condominiale e divieto di sosta

This article examines the enforceability of a contractual condominium regulation against a third-party purchaser of a private road within the complex. The commentary focuses on a case where the builder's successor sues the condominium, claiming the benefits…

Exclusive Right to Use the Building Roof Terrace Versus Predial Easement Claims

Italian original: L’uso esclusivo del lastrico solare resiste alla servitù

Supreme Court order no. 16008/2026 clarifies the qualification of the exclusive use of the roof terrace in the presence of partial easements. The court rules that a clothesline easement in favor of other condominium members does not alter the nature of the…

Disconnection from Central Heating and Allocation of Extraordinary System Expenses

Italian original: Distacco e spese straordinarie dell’impianto di riscaldamento

The allocation of extraordinary heating system expenses responds to the statutory need to preserve the structural integrity of common property, remaining partially unaffected by the usage choices of individual participants. The Italian Supreme Court order…

Criteria for Apportioning Maintenance Expenses for Condominium Light Wells

Italian original: Criteri di ripartizione delle spese del cavedio condominiale

The correct allocation of expenses for the shared courtyard (apportionment of light well expenses) necessitates a distinction between space utility and the nature of construction elements. Order no. 13620/2026 confirms that internal perimeter walls…

Omission of Accounting Ledger in Condominium Accounts and Annulment of Resolutions

Italian original: Condominio: l’omessa allegazione del registro di contabilità

The Supreme Court order no. 7667/2026 addresses a central issue in condominium litigation. L'omessa allegazione del registro di contabilità (the failure to attach the accounting register) to the financial statement violates the essential validity…