Practical guide
How to allocate uninsured damage among the owners
Not all damage is covered by insurance: the deductible always stays with the insured, the uninsured share leaves a percentage uncovered, and damage exceeding the limit goes beyond the coverage. This uncompensated part becomes a condominium cost that the manager must allocate among the owners. The criterion is not free: it depends on the nature of the common part affected and follows the rules of Article 1123 of the Italian Civil Code and the applicable thousandths (millesimi) tables. A wrong allocation is one of the most frequent causes of disputes and challenges to the resolution, especially when the damage hit the owners unequally. Understanding which share is uncovered and with which table to distribute it is the step that correctly closes the case.
Steps for a correct allocation of the uncovered part
- Identify the uncovered amount: deductible, uninsured share and part over the limit
- Distinguish whether the damage concerns common parts or originates from a private unit
- Identify the correct table: general, staircase, building or use-based millesimi
- Check whether it is an ordinary or extraordinary cost for the required majority
- Prepare a reasoned allocation note that can be attached to the minutes
- Bring the allocation to the meeting for approval where required
- Generate the shares charged to the owners and monitor collections
What stays uncovered: deductible, uninsured share and limit
Before allocating you need to know precisely how much the insurance did not pay. The deductible is the fixed amount that always stays with the insured and is never indemnified. The uninsured share is a percentage of the damage the contract leaves uncovered, often with a guaranteed minimum. The limit is the ceiling beyond which the company does not respond: if the damage exceeds it, the excess falls on the condominium.
The appraisal report and the settlement letter state these items. Adding them gives the uncovered amount, which is the basis of the allocation. It is good to distinguish the three components in the allocation note, because it makes it transparent to the owners why the condominium must pay despite having an active policy.
Which criterion to apply: the nature of the damage guides the table
The allocation criterion follows the general rule of Article 1123 of the Italian Civil Code: costs for the conservation of common parts are allocated in proportion to the value of the units, that is with the general millesimi, unless otherwise agreed. If, however, the damaged common part serves only a group of owners, such as a staircase or a building of a complex, the cost is allocated among that group with the relevant table. And if the common thing serves the owners to a different extent, the allocation is proportional to use.
The most important distinction concerns the origin of the damage. If it comes from the common parts, the uncovered part is a condominium cost to be allocated. If instead it originates from a private unit, for example a leak from an owner's apartment flooding those below, the condominium allocation does not apply but the individual's civil liability does, and they answer personally for the damage caused.
Ordinary or extraordinary: the majority at the meeting
The allocation of damage may go through the meeting, especially when it involves repair works of some size. Classifying the cost as ordinary or extraordinary affects the majority needed and the manager's powers. Urgent measures protecting the common parts fall among the conservative acts the manager can order autonomously under Article 1130 of the Italian Civil Code, then reporting to the meeting.
For non-urgent works and for approving the allocation of the uncovered part, a resolution of the meeting is advisable, as it gives stability to the allocation and reduces the risk of challenges under Article 1137. A clear allocation note, indicating the table used and the reason, attached to the minutes, makes the decision defensible.
From calculation to collection
Once the criterion is approved, the uncovered part must be translated into individual shares by applying the millesimi of the chosen table to each owner. Manual calculation on a sheet is possible but exposed to rounding errors and mismatches with the register, especially if owners or millesimi changed in the meantime. Errors in the allocation are a classic reason for disputes at the meeting.
With AmministraPro the manager links the uncovered part to the loss record, chooses the correct millesimi table and automatically generates the shares charged to the owners in line with the updated register, then monitors collections alongside the rest of the accounting. The allocation note is ready to attach to the minutes and every amount stays traceable to its source, the insurance settlement. The allocation features are described on /funzioni and the plans on /prezzi.
Frequently asked questions
Is the deductible always charged to the condominium?
Yes, the deductible is the amount the contract by definition leaves with the insured and is never indemnified by the company. When the damage concerns common parts, this sum becomes a condominium cost to be allocated among the owners according to the correct millesimi table. In the allocation note it is best to distinguish deductible, uninsured share and any excess over the limit, so the owners understand why the condominium pays despite having an active policy taken out precisely to cover that risk.
Which millesimi table is used to allocate damage to common parts?
Article 1123 of the Italian Civil Code applies: as a rule the general ownership millesimi, unless otherwise agreed. If the damaged common part serves only a group of owners, such as a staircase or a building of the complex, the table of that group is used. If the common thing serves the owners to a different extent, the allocation is proportional to use. The choice of table therefore depends on the function of the common part affected, not on the type of damage itself.
Who pays if the damage originates from an owner's apartment?
In that case the condominium allocation does not apply but the individual's civil liability does. If a leak from an owner's unit floods the apartments below, that owner answers for the damage, not the whole condominium with the millesimi. The distinction between damage originating from common parts and from a private unit is decisive to establish who pays: the first is a condominium cost, the second is personal liability, possibly covered by the owner's individual policy.
Is a resolution needed to allocate the uncovered part?
Urgent measures protecting the common parts fall among the conservative acts the manager can order alone under Article 1130 of the Italian Civil Code, then reporting to the meeting. For approving the allocation of the uncovered part and for non-urgent works, however, a resolution is advisable, giving stability to the allocation and reducing the risk of challenge under Article 1137. A reasoned allocation note, attached to the minutes, makes the decision more solid.
How do I avoid errors in calculating the shares charged to owners?
Manual calculation is exposed to rounding errors and mismatches with the register, especially if owners or millesimi changed since the last allocation. These errors are a classic reason for disputes at the meeting. With AmministraPro the uncovered part is linked to the loss record, the correct table is chosen and the shares are generated automatically on the updated register, with the allocation note ready for the minutes; the features are on /funzioni and the plans on /prezzi.
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