Practical guide
Which criterion to apply to a doubtful expense
It often happens that an expense does not clearly fit any existing table: a new work, a common part used in a peculiar way, a system halfway between ordinary and extraordinary. In these cases the condominium manager must reconstruct the correct criterion starting from Articles 1123 and 1124 of the Italian Civil Code and from the condominium regulation. The underlying rule is simple: first look at the nature of the common thing and who uses it, then choose between allocation by thousandths, by use or by group. This guide offers an orderly method to avoid mistakes and to justify the choice to owners.
Step-by-step method for a doubtful expense
- Check whether the regulation or attached tables already set a criterion for that item.
- Identify which common part the expense refers to and who actually uses it.
- Determine whether the part serves everyone equally, everyone to a different extent, or only a group.
- If it serves everyone equally, apply ownership thousandths (Article 1123 paragraph 1).
- If it serves to a different extent, split in proportion to use (Article 1123 paragraph 2).
- If it serves only some, involve the interested group (Article 1123 paragraph 3).
- For stairs and lifts apply the formula of Article 1124.
- Document the chosen criterion in the minutes and in the allocation to reduce disputes.
First question: is there already a table or a clause?
The first check concerns the condominium regulation and the attached thousandth tables. If the regulation, especially a contractual one, sets a specific criterion for that expense, the condominium manager must follow it: the regulation's clauses prevail over the supplementary legal criteria, provided they are not contrary to mandatory rules.
Only where an express provision is missing do you move to the legal criteria. Many doubtful expenses actually have an answer hidden in a use table or a clause on allocation: reading the attachment carefully avoids needless reconstructions.
Second question: does the common thing serve everyone equally?
If the common part benefits everyone uniformly, the criterion is the general one of Article 1123 paragraph 1: allocation in proportion to the value of individual properties, meaning by thousandths. This covers the preservation and enjoyment costs of undivided common parts such as load-bearing walls, the roof or a concierge service that serves the whole building.
The thousandths criterion is the system's closing rule: when no other parameter is relevant, the expense reverts to the proportional value of ownership. Applying it by exclusion, after checking that differing use or partial service do not apply, is often the most robust choice.
Third question: is there differing use or a narrow group?
If the part serves everyone but with different intensity, paragraph 2 of Article 1123 applies and you split in proportion to use: this is the case of heating, metered water or systems used differently by the floors. If instead the part serves only some owners, paragraph 3 applies and the interested group pays.
For stairs and lifts the law provides the ready formula of Article 1124: half by thousandths and half by floor height. Watch for edge cases such as flat roofs in exclusive use, for which Article 1126 provides one third charged to the exclusive user and two thirds to the owners of the building or the covered part.
Edge cases: ordinary or extraordinary, and when the meeting decides
Some expenses are doubtful not on who pays but on how to classify them. The distinction between ordinary and extraordinary affects the manager's powers, the majorities and, where a usufruct exists, who is liable. In general, recurring maintenance is ordinary and non-recurring work that affects the structure or renews significant parts is extraordinary.
The owners' meeting cannot overturn the legal allocation criteria by simple majority when the expense follows mandatory rules, but it may adopt different agreed criteria only unanimously or where the law allows. In case of genuine uncertainty it is prudent to have the adopted criterion and the reasons for the choice recorded in the minutes.
Giving traceability to the choice of criterion
A well-managed doubtful expense is one whose criterion is documented and repeatable. Keeping track of which article was applied and how the group was defined helps defend the allocation and maintain consistency in later financial years.
With software such as AmministraPro you can link each expense account to the correct table and criterion, so that every future entry inherits the already validated choice and the allocation stays consistent over time. The features are described on the /funzioni page and the plans on the /prezzi page.
Frequently asked questions
What do I do if an expense has no dedicated table?
Start from the regulation and the attached tables. If they say nothing, apply the legal criteria in order: thousandths for equal use (Article 1123 paragraph 1), proportional use for differing use (paragraph 2), the interested group for partial service (paragraph 3), and the Article 1124 formula for stairs and lifts.
Do regulation clauses prevail over the legal criteria?
Yes, when the regulation, especially a contractual one, sets a specific criterion for that expense and is not contrary to mandatory rules. The legal criteria of Articles 1123 and 1124 are supplementary and apply where no valid different provision exists.
Can the owners' meeting change the allocation criterion?
It may adopt different agreed criteria only unanimously or in the cases allowed by law. It cannot change the legal criteria by simple majority when the expense follows mandatory rules. It is prudent to always record the adopted criterion and the reasons for the choice.
How do I treat an expense halfway between ordinary and extraordinary?
Assess the nature of the work: recurring maintenance is ordinary, non-recurring work affecting the structure or renewing significant parts is extraordinary. The classification affects the majorities, the manager's powers and, where a usufruct exists, who is liable to pay.
Does software help with doubtful expenses?
Yes. By linking each account to the correct table and criterion, software makes the choice repeatable and consistent over time. AmministraPro carries the validated classification into later entries: the features are on /funzioni and the plans on /prezzi.
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