When the infiltrations they hit the apartment of a condominium owner and derive from failure of the condominium heating systemthe question of responsibility and the measures to be adopted becomes particularly delicate. The breakdown of a centralized system, in fact, not only entails the risk of extensive damage to private spaces, but also calls into question very specific obligations both for the condominium and for any subjects involved in the maintenance works. Let’s look at the various aspects of the issue in more detail.
Because the condominium is responsible
A recent ruling by the Court of Milan (number 6049 of 13 June 2024) recognized the co-responsibility of the condominium and of maintenance company for damage from leaks suffered by a condominium owner, caused by broken valves in the heating system. The judge held the condominium responsible because caretaker of the facility and the company in charge of maintenance co-responsible for failing to report the deterioration or act promptly. Both were sentenced to pay jointly and severally for the damages, with the involvement of their respective insurance companies to cover the costs.
In Italy, responsibilities in cases like this are regulated byarticle 2051 of the Civil Codewhich imposes “strict liability” for damage caused by property in custody. This means that, as responsible for the common areas, the condominium (represented by the administrator) must answer for damages caused by the malfunctioning of the condominium systems, including the heating ones. When the breakage of a pipe, or another component of the centralized system, causes infiltration, it is therefore the condominium that has to intervene, both to resolve the technical problem and to compensate the damaged condominium owner.
Maintenance obligations of the condominium
A condominium is responsible for the ordinary and extraordinary maintenance of common systems, including the heating system. This obligation implies not only the timely repair in case of breakdowns, but also a preventive management which includes periodic checks, inspections and the replacement of worn components. If the infiltration results from negligence in maintenance, such as a delay in repairing a pipe or a failure to check the condition of the system, the condominium’s responsibility is even more evident.
The administrator, as representative of the condominium, has the duty to organize preventive maintenance interventions and to react promptly to reports of malfunctions to prevent these from causing serious damage. In case of unjustified delays o di lack of interventionsthe damaged condominium owner may also be entitled to request damages for the worsening of the situation resulting from the failure to intervene.
Possible co-responsibility of the company carrying out the works
It should not be forgotten that, if the infiltration is due to a poorly carried out intervention or poor quality materials used during maintenance, the company in charge of the work also can be co-responsible. This happens, for example, when a repair operation was carried out without respecting the technical standards, or without using suitable materials. In these cases, the condominium can take action against the contractor, requesting compensation for damages through a cause of contractual liability. The condominium owner, in turn, can receive compensation and, if necessary, request further sums for the inconveniences suffered.
The procedure to follow for the damaged condominium owner
In situations like these, practice suggests, for those who suffer the damage, some key steps:
timely reporting: the affected condominium owner must immediately communicate the problem to the administrator, preferably in writing and with photographic documentation illustrating the damage caused by the infiltration.
request for compensation: in the same report it is possible to formally request compensation for the damage suffered, specifying any expenses incurred to contain or document the damage.
damage assessment and assessment: if the damage is particularly extensive, it may be useful to use an expert opinion to accurately estimate the repair costs, which would facilitate compensation procedures and negotiations with the condominium insurance, if present.
The role of condominium insurance
Many condominiums stipulate one global buildings insurance policywhich covers accidental damage resulting from faults in common systems.
The administrator should check whether the insurance coverage includes infiltrations caused by the condominium heating system and, if so, activate the procedure for compensation for damages suffered by the condominium owners. Insurance can be a quicker and less expensive solution compared to a lawsuit, simplifying the compensation procedure.
