In condominium law, one of the most frequent conflicts concerns the boundaries between what the assembly may legitimately resolve and what instead falls within the exclusive sphere of the individual unit owner. A recent ruling by the Justice of the Peace of Naples (judgment no. 4868 of 8 April 2026) provides an important interpretive key on a sensitive issue: may the assembly approve works to be carried out within a privately owned apartment? The answer, as is often the case in law, depends on how the question is framed.
The Case: Water Infiltration, Works, and a Contested Resolution
The matter arose from the challenge of an assembly resolution by two unit owners. The assembly had approved, among other items on the agenda, the execution of certain restoration works inside their apartment. The applicants argued that, by resolving on works concerning private property, the assembly had exceeded its powers, and accordingly sought the nullity or annulment of the resolution pursuant to art. 1137 of the Italian Civil Code.
The condominium, for its part, offered an entirely different interpretation: those works had not been authoritatively imposed on the owners, but rather represented the formalisation of a settlement proposal. In substance, the assembly had acknowledged that the damage suffered by the unit owners — most likely water infiltration originating from condominium structures or installations — derived from common areas, and had resolved to bear the cost of restoration, apportioning it among all unit owners in accordance with their respective ownership shares (millesimi).
The Legal Issue: Where Do the Assembly's Powers End?
The crux of the dispute concerns a fundamental distinction in condominium law: there is a clear difference between imposing works on exclusively owned property — an act that is certainly outside the assembly's competence — and resolving to repair damage that the condominium has caused to that same property.
The condominium, as custodian of the common areas, is liable pursuant to art. 2051 of the Italian Civil Code for damage that such areas cause to individual unit owners. Water infiltration originating from condominium pipework, from a shared roof terrace (lastrico solare), or from deteriorating facades are typical examples of situations in which the condominium may be called upon to compensate for the damage. In such cases, the injured unit owner finds themselves in a position analogous to that of a third party, with full entitlement to compensation.
Precisely because this liability exists, the assembly has both the power — and often the interest — to prevent litigation through an amicable resolution. A settlement agreement (transazione), governed by art. 1965 of the Italian Civil Code, is a legitimate instrument that allows a dispute to be resolved whilst avoiding the time and costs associated with legal proceedings. Approving such an agreement falls squarely within the ordinary management of the condominium.