Italian condominium law: obligations for special funds and facade renovations

Under Italian civil law, condominium assemblies must establish a special fund when approving extraordinary maintenance or innovations. According to Article 1135 of the civil code, this fund must equal the total cost of the works or, if specified by contract, be commensurate with progress payments. Recent jurisprudence suggests this requirement is mandatory and cannot be waived, even with unanimous consent, to protect both contractors and residents in good standing.

Regarding property rights, legal distinctions between bare ownership (nuda proprietà) and usufruct (usufrutto) determine responsibility for renovation costs. While usufructuaries are generally responsible for ordinary administration and maintenance expenses, bare owners are liable for extraordinary expenses that affect the building's structure or increase its value, such as facade renovations.