Condominium Fees

Condominium Fees Partition

More and more people living in Australia own a home in Italy, either because they bought it or inherited it.

As is well known, unlike Australia, most homes are located in condominiums.

Therefore, the owner will have to address the issue of condominium fees and their distribution among all owners.

In Italy, the distribution of condominium fees is often a source of dispute among condominium owners, although the law provides three clear criteria to be used, depending on the actual circumstances. Let's have a brief look at them.

1) Thousandths of Ownership Rule: Proportionality

According to paragraph 1 of Article 1123 of the Italian Civil Code, common expenses are divided based on the "thousandths of ownership" rule of each apartment, that is, based on the proportional value of the entire building (usually 1,000 thousandths). Example: In a condominium made of 10 apartments with total expenses of €10,000:

- a 30-thousandth apartment → would be charged with €300

- a 80-thousandth apartment → would be charged with €800

In practice: the larger the apartment, the higher the share of expenses.

2) Actual use: equity

According to paragraph 2 of art. 1123 of the Italian Civil Code, if a shared service or facility is used differently by the condominium owners, the expenses are divided based on its actual use, not on the thousandths rule.

Example: The elevator in a four-story building:

Those who live on the ground floor would use it little or not at all, while those living on the fourth floor would use it more often.

Those who benefit most shall pay more.

3) Restricted group: partial condominium

According to paragraph 3 of art. 1123 of the Civil Code states that if certain common areas serve only a single group of condominium owners, only that single group shall bear the costs. Those who don't use them should make any contribution.

Example: two stairways in a condominium

- Stairway A → apartments 1-10

- Stairway B → apartments 11-20

If the roof of Stairway A needs repairs, the costs are borne only by condominium owners 1-10.

The properties in Stairway B therefore would not contribute to the costs.

In conclusion: The three criteria in order

1. Thousandths → general rule

2. Use → for services used differently

3. Restricted group → for common areas of a few condominium owners

Each criterion applies only when necessary, always ensuring a fair division.

However, it is not always clear which criterion to adopt or who actually uses a given common area. In these cases, consulting a professional in Italy can help to verify that the distribution approved by the assembly is correct and compliant with current legislation.

Properly allocating condominium fees not only ensures transparent and accurate accounting, but is also a key element in maintaining a peaceful atmosphere and constructive relationships among condominium members.