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Italian Courts Require Full Expense Plans in Condominium Minutes, Allowing Any Owner to Contest Null Resolutions
The Tribunal of Naples ruled on 9 February 2026 that minutes sent to absent condominium owners must include the detailed expense allocation plan. Failure to attach this plan constitutes a procedural defect that renders the assembly’s resolution void, reinforcing owners’ right to full information to assess the legality of charges.
The Italian Court of Cassation (sentence n. 29917/2025) clarified that a null resolution can be challenged by any interested owner, even one who voted in favor, because nullity has no time limit. The court cited civil‑code articles 1421 and 1135, emphasizing that decisions beyond the assembly’s competence—such as authorizing internal works in a private unit—are intrinsically null and subject to contestation at any time.
These rulings establish that condominium decisions lacking mandatory financial documentation are invalid and that all owners retain the right to sue to protect their property rights.