Millesimal tables error? Find out how and when to obtain a refund of condominium fees following adjustments and what the law says in this regard.
Error in the thousandth tables: what the Supreme Court says
According to the ordinance of Court of Cassation of 4 September 2024, n. 23739if a condominium owner pays less than due due to an error in the thousandth tables, he must return the difference.
This principle is based on the concept of “unjust enrichment” provided for byArticle 2041 of the Civil Code.
The thousandth tables they are an essential tool for the distribution of expenses within the condominium, as they determine the share of participation of each condominium in the common costs.
However, an error in the thousandth tables can have important consequences for the condominium budget and for individual owners.
Cassation ruling Error in thousandth tables – photo Getty Images
The Court established that, once the thousandth tables have been corrected, it is legitimate for the condominium to request the reimbursementor of condominium fees paid in excess from the condominiums damaged by the error.
This ruling further clarifies the responsibility of all condominiums to contribute equally to common expenses.
When it is mandatory to redo the thousandth tables
Il remake of the thousandth tables it is mandatory in two specific circumstances:
- Mistake In the calculation of thousandths: if there is an error in the calculations that determine the thousandth quotas, for example a clerical error or an incorrect evaluation of the surfaces or characteristics of the properties, it is necessary to rectify the tables;
- Relevant structural changes: if there have been elevations, increases in surface area, or other structural changes that have altered the proportional value of one or more units by more than a fifth, the tables must be revised.
This can happen without the unanimous consent of the condominiums, since the law allows a modification approved by the majority during the condominium meeting, as required by thearticle 1136, paragraph 2, of the Civil Code.
How to dispute incorrect thousandth tables
Be a condominium owner believes that the thousandth tables have been formed or modified incorrectly, has the right to contest the thousandth tables, and can do so in two ways:
- Condominium assembly: The first step is to raise the issue during a meeting, trying to obtain an agreement with the other condominium owners for the revision of the tables.
- Appeal to the court: If an agreement is not reached, the condominium owner can appeal to court. Jurisprudence has established that, if there is an established error in the tables, the court can order their correction pursuant to article 69 of the Implementation Provisions of the Civil Code.
Condominium assembly – photo Getty Images
It is important to act promptly: the thousandth tables are considered definitive once the court sentence becomes final, and further disputes will no longer be possible.
Refund of condominium fees due to error in the thousandth tables
When an error is detected in the thousandth tables, the condominium owner has the right to request the return of sums unduly paid or not paid based on the old distribution. This happens mainly through two methods:
- Direct refund: Condominiums who benefited from a lower payment will have to return the difference.
- Future adaptation: Following the correction of the thousandth tables, future expenses will be distributed according to the new quotas, ensuring more equitable management of common expenses.
The importance of this principle lies in ensuring that all condominium owners pay their fair share of expenses, avoiding imbalances that could damage the condominium budget.
Old thousandth tables and update
Old thousandth tables can be source of controversyespecially if they no longer reflect the current situation of the condominium.
As time passes, factors such as changes in the intended use of real estate units, extensions o surface reductions which make it necessary to revise the tables.
Updating the old thousandth tables – photo Getty Images
It is important that the tables are updated to avoid misunderstandings and legal disputes.
Even in the absence of significant structural changes, it could be useful to periodically evaluate whether the thousandth tables are still adequate, especially in contexts of old condominiums.
Transcription of new thousandth tables: procedures
When the new thousandth tables are approved, it is essential that these are officially released transcribed In the register of condominium minutes.
This allows you to guarantee theirs legal validity and correct application in subsequent expense allocations.
The transcription of the new thousandth tables is a necessary step to ensure that all condominiums have access to updated data and that there are no future disputes regarding their legitimacy.
It is advisable to entrust this task to an experienced condominium administrator or a specialized lawyer to avoid procedural errors.
Practical advice for reviewing thousandth tables
The revision of the thousandth tables it is a central issue for transparent and fair condominium management.
The thousandth tables represent the tool with which the distribution of condominium expenses and the decision-making weight of each condominium is defined.
Therefore, maintaining strength and error-free is crucial to avoid disputes and disparities.
Review of the thousandth tables: the assumptions
According to the provisions of thearticle 69 of the implementing provisions of Civil Codeit is possible to request the revision of the thousandth tables only if one or both of the following conditions are met:
- Mistake in the determination of thousandth values: it must be an objective and verifiable error.
- Alteration of the original relationships: occurs when the values of individual real estate units or portions of the plan change due to structural interventions or other transformations.
The correct burden of proof, as established by thearticle 2697 ccfalls on those who intend to request the modification of the tables.
Therefore, it will be necessary to demonstrate the existence of the conditions that make the review necessary.
The limit of the “different convention”
A crucial aspect to consider concerns the application ofarticle 1123 of the Civil Codewhich allows condominiums to stipulate a different agreement for determining the thousandth quotas.
When this “different agreement” is expressly accepted by all condominium owners, it takes effect negotiation valuebecoming an irrevocable commitment.
Consequently, this agreement limits the possibility of obtaining a revision of the tables under thearticle 69 avail. att. ccwhich instead is based exclusively on the objective divergence between the actual value of the real estate units and the proportional value attributed in the tables.
Who to ask for the adjustment of thousandth tables
To ensure a correct condominium management:
- Check regularly the adequacy of the thousandth tables.
- Consultation experts to evaluate the existence of errors o changes which require modification.
Remember that the review must comply with the legal requirements and cannot go against agreements previously signed by the condominium owners.
Expert condominium lawyer who reviews the thousandth tables – photo Getty Images
Dealing with the revision of the thousandth tables in a timely and professional manner helps maintain a climate of transparency and collaboration within the condominium.
Source: www.lavorincasa.it
