Revision of the millesimal tables after a rooftop extension: compensation for unjust enrichment.

Studio Legale LTC recently handled a complex court case involving a condominium, addressing the problems arising from a late revision of the millesimal tables following a rooftop extension carried out by a condominium owner. This kind of situation, although uncommon, can have significant financial consequences for the owners involved, as emerged in our case.

The facts

Mr Tizio, owner of a unit in a condominium, decided to build a rooftop extension on his property, thereby increasing the proportional value of his unit. The millesimal shares were not updated immediately, with the result that Tizio continued to contribute to condominium expenses in a smaller amount than was actually due. Only several years later did the owners request a revision of the millesimal tables, which was approved and formally registered.

In that context our firm was instructed to assist the condominium in recovering the sums that Tizio had not paid correctly during the period in which the wrong shares were applied.

The decision of the Court of Cassation

The Court of Cassation, by order of 4 September 2024, no. 23739, held that in similar cases, where the millesimal tables have been revised only after years and an owner has paid less than was due, the condominium may lawfully claim reimbursement of the difference.

The Court stated that the saving obtained by the owner, due to the incorrect application of the millesimal shares, constitutes unjust enrichment within the meaning of Article 2041 of the Civil Code. That enrichment, being without justification, must be restored to the condominium so as to rebalance the sums intended to cover common expenses.

The relevant rules

Millesimal tables determine the proportional value of the individual units as against the building as a whole and are fundamental to the allocation of condominium expenses and to participation in assembly decisions. Under Article 69 of the implementing provisions of the Civil Code, the millesimal tables may be amended or revised only where certain conditions are met:

- An error in the calculation of the millesimi;

- Structural changes, such as rooftop extensions or increases in floor area, which alter the proportional value of a unit by more than one fifth.

Our firm conducted the entire proceedings for revision of the millesimal tables, from the initial proposal in the assembly to verification of the conditions laid down by Article 69. Once the tables had been revised, it was necessary to claim payment in favour of the condominium, arguing that the saving accumulated over time by Tizio lacked legal justification.

The importance of a timely revision

It is essential that condominium owners act promptly in requesting revision of the millesimal tables where structural changes or calculation errors occur. As the case law shows, a late revision does not prejudice the condominium’s right to claim reimbursement of sums not correctly paid, but it makes the recovery proceedings more complex and longer.

Our firm has shown that the proper handling of cases of this kind can make the difference, securing recovery of the sums for the condominium and a fair application of the millesimal shares, protecting the interests of all the owners.

If you are involved in a similar case or need assistance with condominium matters, contact us for advice.