The issue in question concerned a condomino, who had been condemned to pay exclusively the damage caused by infiltrations from the flat roof of his exclusive property.
This condomino complained that the Condominium was obliged to carry out the conservation and extraordinary maintenance activities of the condominium assets and, therefore, should have been condemned jointly and severally to pay the damages caused by the flat roof of his property.
The Italian Court of Cassation with sentence no. 19556 of July 2,8 2021 instead clarified that in the examined case the responsibility for damage for infiltrations caused by the flat roof or the terrace for exclusive use was to be charged exclusively to the owner, as they were attributable “not to the omission of repairs to the asset, as to design or execution defects, unduly tolerated by the individual owner “.
Therefore, in cases such as the one described, only the owner is liable for damages pursuant to art. 2051 of the Italian Civil Code and not even the Condominium, since the latter is not obliged to eliminate the original construction defects of the condominium assets.
