Condominium Recourse Against the Owner Liable for Damage

When the condominium compensates damage that was in fact caused by a single owner, it can recover the amount paid from that owner through recourse, a right of recovery. The principle is that of Article 2055 of the Italian Civil Code: whoever has paid the full damage can act against the true party responsible for the share attributable to them. In this way the cost does not stay with all the owners when the fault lies with only one.

Why recourse exists

In dealings with third parties the condominium often answers first, both because it is the custodian of the common parts under Article 2051 and because it is the party most easily identified by the injured person. But answering to the outside does not mean bearing the cost inside. If the damage stems from the conduct or omission of a single owner, the condominium is entitled to shift the expense onto them.

Recourse avoids an injustice: it would be unfair for all owners to pay a pro-rata share of damage caused by the negligence or abuse of one alone. The right of recovery restores balance, bringing the cost back onto whoever generated it.

When the condominium can seek recourse

Not every payment opens the way to recourse. Certain requirements must be checked before acting, otherwise the action risks being rejected and generating new costs.

• The condominium must have actually compensated the third party or borne the expense
• The damage must be demonstrably traceable to a single owner
• There must be a causal link between the owner's conduct or omission and the damage
• The owner's share of liability must be identifiable
• Recourse is exercised for the part not covered by the policy

The role of the policy in recourse

If the damage is covered by the whole-building policy, the company pays the third party and the matter may end there. But the deductible and the excess remain uncovered, that is the parts the insurer does not compensate. On those amounts, when the damage is attributable to an owner, the condominium can seek recourse. In some cases it is the company itself that exercises subrogation against the liable party for what it has paid.

For this reason it is important for the manager to document the origin of the damage precisely: without clear proof of individual liability, neither the condominium's recourse nor the insurer's subrogation can succeed.

The practical steps of the action

Recourse follows an orderly path. First liability is established and documented, then the amicable route is attempted and only as a last step is litigation considered. The manager acts within the powers granted by the meeting and, for active disputes that exceed their attributions, seeks the meeting's authorization under Article 1131 of the Italian Civil Code.

• Gather proof of the damage and of its attribution to the owner
• Quantify the outlay not covered by the policy
• Send the owner a written request for reimbursement
• Bring the decision on any legal action to the meeting
• Litigate only if amicable recovery fails

Recovery among jointly liable owners

When there is more than one liable party, recovery is shared according to the degree of fault and the size of each one's causal contribution. If the split cannot be determined, the shares are presumed equal. This principle, drawn from Article 2055, also applies to the internal relations among owners who together contributed to producing damage to the common parts or to a third party.

Tracing liability and recovery in order

Effective recourse comes from orderly documentation: who caused the damage, how much was paid, what the policy covered and how much is left to recover. With AmministraPro the manager links each claim to the unit and owner involved, records the outlays and tracks ongoing recovery, so the right of recovery rests on clear data. The features are described on the /funzioni page and the plans on the /prezzi page.