Practical guide
Handling common areas damaged by a resident
A forced garage gate, a chipped landing during a move, a flue damaged by private renovation work: whenever a common area suffers damage traceable to a resident's conduct, the property manager needs a precise method, not an informal telling off. Prompt fact finding, solid evidence and a clear legal basis are needed before any reimbursement is requested. Under Italian law, article 1130 of the Civil Code requires the property manager to carry out conservative acts on common areas, meaning acting immediately to limit the damage rather than waiting for the next assembly. This guide explains how to document what happened, distinguish liability, manage the chargeback and understand when the building policy should be activated.
The first step: recording and documenting the damage
As soon as the property manager receives a report of damage to a common area, the facts must be established before any liability is assigned. A photo taken the next day, without a certain date or context, carries little weight if the matter is disputed: documentation needs to be gathered while the situation is fresh.
The manager or a delegate should visit the site, photograph the damage from several angles, note the date and time, collect statements from any witnesses, the doorman, other residents, technicians present, and check whether common area video footage exists, if installed in compliance with privacy rules. An internal written record signed by whoever noted the fact, even an informal one, strengthens the building's position should the matter end up before a judge.
It also helps to promptly assess the condition before the damage: a repair estimate requested right away is more reliable than one requested months later, when deterioration may have worsened for reasons unrelated to the original event.
Who is liable: the resident and those acting on their behalf
The general rule is liability for wrongful acts under article 2043 of the Civil Code: whoever causes unjust damage must compensate for it. A resident is liable for damage they cause personally, but also for damage caused by cohabiting family members, guests, tenants or contractors hired for work in their own unit, under the general principles on liability for the acts of others and supervisory duty.
If the damage stems from authorized or unauthorized construction work in a private unit, for example water infiltration caused by internal demolition that compromised a shared wall, liability normally extends to the contractor as well, jointly with the commissioning owner, when the damage is traceable to negligent execution.
It is important to distinguish damage from a specific, deliberate or negligent act by an individual from the normal wear of common areas over time, which instead falls under ordinary maintenance charged to all owners according to their shares, article 1123 of the Civil Code.
The chargeback: how the property manager proceeds
Once liability is established, the property manager requests a repair estimate from the resident, or has one prepared by a technician or the contractor working on the common area, and communicates it formally in writing, using certified email where possible, stating the facts, the cost estimate and a deadline for payment or agreement.
If the resident acknowledges responsibility and pays directly or reimburses the building, the matter is closed without going through the assembly, since the repair cost does not fall on the shared expense pool. If the resident disputes the claim or does not pay, the manager brings the matter to the assembly to decide on further action, which may include a formal out of court demand and, if necessary, legal action to recover the sum, including a payment order.
In the meantime, if the repair is urgent for safety reasons, for example a damaged gate or handrail, the building advances the cost on safety grounds and recovers it later from the party responsible: the safety of common areas cannot wait for the outcome of a dispute over the chargeback. Keeping estimates, communications and deadlines in a single record prevents the case from being scattered across emails and minutes, and this is one area where a management platform such as AmministraPro genuinely simplifies day to day handling.
The role of building insurance
Many building policies cover damage to common areas caused by accidental events, but contract terms vary considerably: some also cover damage caused by an identified resident, others expressly exclude it or provide for the insurer's right of recourse against the party responsible.
The property manager should always check the policy wording before ruling out the insurance option, and when in doubt contact the broker or insurer for a preliminary opinion on coverage for the specific case. If the policy covers the damage, the insurer advances the repair cost and may then exercise recourse against the responsible party, if the contract allows it: this protects the building's cash flow in the short term but does not release the resident from underlying liability.
Filing the claim within the deadlines set by the policy, usually a few days from the event, is a step the property manager cannot afford to overlook: a delay can forfeit the right to coverage regardless of how well founded the damage claim is.
Frequently asked questions
Can a resident refuse to pay for repairs to a common area they damaged?
They can dispute their liability, but if the facts are documented and liability is established, the building is entitled to compensation under article 2043 of the Civil Code. In case of persistent refusal, the property manager, following an assembly resolution, can proceed with a formal demand and, if necessary, legal action, including a payment order for documented sums.
Who pays if the damage was caused by a resident's guest or tenant, not the owner personally?
The unit owner is generally liable also for the acts of family members, guests and tenants occupying the property, under general principles of liability for the acts of others. The property manager directs the claim to the owner, who may in turn seek reimbursement from the tenant or guest responsible, depending on the arrangements between the parties.
Does the assembly need to approve a resolution before requesting reimbursement from a resident?
For a straightforward reimbursement request over clearly established damage, no prior resolution is needed: it falls within the conservative acts the property manager carries out independently under article 1130 of the Civil Code. An assembly resolution becomes necessary when the matter becomes more complex, for example to authorize legal action or approve a settlement involving significant amounts.
How is damage documented if there are no cameras in the common areas?
Dated photographs, written statements from those who witnessed the event, a comparison with the prior condition if documented in earlier minutes or inspections, and a technical estimate requested promptly can all be used. A combination of consistent elements builds solid evidence even without video footage.
Does a platform such as AmministraPro help in practice with these cases?
Yes, because it allows the manager to keep photos of the damage, communications sent to the resident, estimates received and payment deadlines all in a single digital file, preventing documentation from being scattered across separate emails. This is useful for daily management and, should the case end up in court, for quickly reconstructing the timeline of events.
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