Damage to common parts caused by an owner

When an owner damages a common part, the cost of the repair is not split among all owners like an ordinary condominium expense, but falls on the party responsible for the damage. Whoever causes unjust damage is bound to compensate it under Article 2043 of the Italian Civil Code. The manager, within his powers to preserve the common parts, arranges the repair and then acts to recover the expense from the owner who caused the damage.

The difference between common expense and damage

A common expense arises from the natural preservation and enjoyment of shared assets: redoing a facade worn by time, maintaining the lift, cleaning the stairs. These expenses are split among everyone by thousandths or the legal criteria, because they concern assets everyone enjoys.

Damage is another matter. If an owner breaks the main door manoeuvring a car badly, stains the stairs during works in his own apartment or ruins the common plaster, the deterioration is not natural but caused by specific conduct. In that case there is no reason to make the others pay: the repair cost falls on whoever caused it.

The wrongdoer's liability

Liability is based on Article 2043 of the Italian Civil Code: whoever, wilfully or negligently, causes unjust damage to another is bound to compensate it. For the owner to be liable there must be an act attributable to him, damage to the common part and a causal link between the two.

Liability may also extend to the acts of persons for whom the owner is answerable, such as family members, guests or workers he has engaged. If the damage was caused by the firm carrying out works in the private apartment, the commissioning owner answers to the condominium, then having recourse against the firm.

The manager's role

Faced with damage to a common part, the manager has a twofold task, under Article 1130 of the Italian Civil Code:

• Carry out conservation acts, arranging the repair to restore the common asset to working order, urgently if necessary.
• Identify the responsible party and ask him to reimburse the expense incurred, with the relevant documentation.
• If the owner disputes or does not pay, report to the meeting and assess, with its authorisation, court action for compensation.
• Check any insurance cover, whether the condominium's own or that of the responsible owner.

In practice the condominium often advances the repair so as not to leave the damaged asset, then recovering the amount from the responsible party.

When proof of the responsible party is missing

The most delicate issue is proof. If it is not possible to identify with certainty who caused the damage, the repair cost falls on the condominium and is split among everyone by the ordinary criteria, because the common asset must be preserved anyway. This is why it is essential to establish the facts promptly: photographs, witness statements, any surveillance footage in compliance with privacy rules, inspection reports.

Damage documented at once, with the responsible party clearly identified, lets the manager charge the expense correctly. Damage established late and without proof risks becoming a cost for the whole condominium.

Insurance and excess

Many condominiums have a comprehensive building policy that may cover some damage to common parts. When the policy applies, the condominium receives the indemnity and the net expense drops, but the issue of the excess and recovery from the responsible party remains. If the damage is covered by the responsible owner's civil liability, his personal insurance may step in.

The manager must coordinate the two levels: the immediate repair of the asset and the correct final economic attribution, avoiding that the condominium ultimately bears a cost owed by an individual or an insurer.

Tracking damage, repairs and recoveries

Recording the damage, the repair expense, the charge to the responsible party and any insurance reimbursement keeps the accounts tidy and protects the manager in the event of disputes. AmministraPro lets you distinguish common expenses from those charged to a single owner and store all documentation linked to the claim. The feature details are on the /funzioni page and the plans on the /prezzi page.