Italian courts uphold payment for approved condo work, allow exclusions for non‑benefiting units

Under the Italian Civil Code, resolutions adopted by a condominium assembly bind all owners, including dissenters. A recent analysis explains that even non‑urgent maintenance approved by the assembly must be funded by every co‑owner unless a judge orders a suspension of the decision. The ruling emphasises that the deliberation remains effective and the administrator can collect the required contributions.

The Tribunal of Nocera Inferiore clarified a related but distinct issue: when an installation serves only part of a building, the expense is limited to the owners who benefit. In a May 2026 decision, the court rejected a claim by a resident who opposed the replacement of a water pipe that served a single staircase. Citing article 1123 of the Civil Code, the judges held that the “partial condominium” regime applies, allowing the staircase assembly to decide and levy costs solely on the affected owners. As the court noted, “chi non usa, non paga.”