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MILLESIMAL TABLES

Article. 68 of the provisions of implementation of the Civil Code, with the statement that the condominium regulation must specify the proportional value of each floor and each portion of the plan in exclusive ownership of individual condominiums and that the expression in thousandths should be placed in appropriate table to be attached to the regulation, introduces another act in the condominium sphere: the table of values.

The obligation to establish a system for subdividing the expenses necessary for maintenance, use, modifications, adaptation according to law and other similar actions concerning the part condominiums, is established by art. 1123 c.c. which, in the first paragraph, states "the expenses necessary for the conservation and enjoyment of the common parts of the building, for the provision of services in the common interest and for the innovations deliberated by the majority are borne by the condominiums in proportion to the value of the property of each saves different convention ".

The millesimal tables, therefore, represent the fulcrum of condominium life. The condominium could not operate without a millesimal table: there can not be a condominium assembly in its full deliberative power, if there is no table of millesimal values. To rule on any object pertaining to the common thing in a building

must observe the majority of which art. 1136 of the Civil Code, which must always be assessed on the presence of condominiums

at the meeting and on the millesimal value belonging to each of them.

The tables express the distinct numerical values in thousandths, of the single real estate units meaning with this noun

apartments, garage, parking spaces, cellar, attics etc. and, in any case, every real estate portion of exclusive property.

The millesimal dimension expresses an arithmetic value, that is, the proportion between the value of each single housing unit and

the summation of all exclusive properties. The criterion for identifying the share of the condominium is given

from the relationship between the value of the individual property and the value of the entire building excluding the common parts.

The millesimal tables required for each condominium complex can be grouped into two categories:

1. Main tables, those essential to any condominium of any entity, kind and type. The table is included in this sense

general property, table relating to the condominium value of the different individual properties of the condominium.

This table shows the ownership shares of each condominium from a general point of view, ie the one that expresses the relationship existing between the actual values of the individual property units.

It serves for the allocation of the expenses necessary for the enjoyment of the common parts of the building, for the provision of services in the common interest and for the innovations deliberated by the majority of condominiums, in compliance with the provisions of art. 1123 c.c. Furthermore, this table is also used to calculate the majorities required for the approval of the various Shareholders' resolutions. The importance of this table is therefore evident, which has its direct or indirect impact on the other tables.

The millesimal co-ownership table can also be used for the allocation of expenses that are borne only by some condominiums.

In this sense, the Cass. has established that "The fact that the millesimal tables of buildings in condominium, express the value of individual apartments, showing it to that of the entire building, does not prevent that can be used, for the purposes of sharing condominium expenses, even in the hypothesis to which these expenses must be subdivided, pursuant to art. 1123 of the Civil Code, I ° co., C.c. among the only condominiums that have benefited from the works performed. In this case, in fact, the value ratio between the individual apartments and the complex of the property units belonging to the condominiums that have benefited from such works can be established on the basis of the millesimal coefficients indicated in the tables, after the execution of the arithmetic operations necessary to calculate the new ratio of proportion "(Box No. 1435/96).

2. Secondary tables, those that become necessary in the most important condominiums and in particular cases: that relating to the cleaning and lighting of the entrance hall to the staircase and to the elevator; to the distribution of the expenses of any concierge; the allocation of maintenance and lighting costs for any open areas (courtyards, gardens, etc.).

While the general property table is indispensable, the others, some of which are shown above by way of example, will be set by the technical compiler also on the basis of the requests and specific requirements of the condominium.

The millesimal tables by definition must express "the property right that each condominium has on the common thing". The final

millesimal value will be the result of the value relationship between the single exclusive property and the sum of the values of the

individual exclusive properties themselves.

It is evident that the subjective criterion of estimation of the technical editor plays a decisive role in the final result, and it is evident

as more elaborate relative to the millesimal table of the same condominium originate different values.

Much depends, therefore, on the experience of the technician. This type of assessment must therefore take into account how many

more differentiating elements, to make use of the required estimate, which coincides with the characteristics of the condominium

complex, so that, unlike other types of estimation, consideration of the extrinsic elements of the real estate unit appears superfluous,

these being the last elements of non-differentiation with the other real estate units included in the condominium.

For example, the differentiation of the presence around the property will be irrelevant in the calculation of the millesimal table

of a shopping center (extrinsic characteristic), as this circumstance is the common heritage of all the real estate units in the condominium.

The most exact estimate will be that which will take into account the more differentiating elements the technician will be able to indicate. In this context it is evident that even a simple restructuring will determine a difference in valuation with the un-renovated building.

The technician will therefore take into account all the elements that contribute to a difference in market value in the probable and possible sale of the same considering, in this case, the extrinsic condition of the property for the necessary evaluation on the applicability of the differentiating element. For the drawing up of the tables, in addition to the surface of the building, a series of elements are considered relevant, among which, the height from the ground, the exposure (on the road, inside the condominium courtyard, towards panoramas or, for real estate units for commercial use, towards streets with more or less traffic), brightness.

For a long time the S.C. he considered that for the approval or revision of the millesimal tables it was necessary the consent of all the condominiums and, if this had not happened, the formation of the tables would have provided the judge on the request of the parties in contradictory with all the condominiums. With sentence of 09/08/2010 n. 18477, the Supreme Court of Cassation, has established the principle according to which "the millesimal tables must not be approved with the unanimous consent of the condominiums, being sufficient the qualified majority referred to in art. 1136 cc, 2nd co. "

The S.C. in fact, he noted that the majority approval of the millesimal tables does not entail any major inconveniences towards the condominiums, as in the case of errors in the assessment of the exclusive property units, those who feel damaged can ask, without limits of time, the revision pursuant to art. 69 avail. att. commercial code .; this because these tables do not ascertain the right of individual condominiums on the real estate units but on the common thing, thus ascertaining the only value of the same units with respect to the entire building, in order to have, therefore, an impact exclusively on the obligations contributing to the expenses Monthly.

Article. 69 avail. att. cc provides that "the proportional values of the various planes or portions of the plan can be reviewed or modified, even in the interest of a single condominium, in the following cases: when it turns out that they are the result of an error; when, due to the changed conditions of a part of the building, as a result of the superelevation of new floors, partial expropriation or far-reaching innovations, the original relationship between the values of the individual floors or portions of the floor is greatly altered. "

In case of revision, the expense of this procedure must be shared among all the condominiums according to the quotas so determined or corrected, or, in the case of a revision requested by the individual condominium pursuant to art. 69 of the disp. of c.c. implementation, charged to who has determined the cause of the revision (ie who has raised) or again, in the case of judicial procedure, against those on which they weigh, in the opinion of the sentence.

As for the error to which the art. 69 avail. att. cc, constitutes an essential error and can, therefore, give rise to revision of the millesimal table, the errors that concern the determination of the elements necessary for the calculation of the value of individual apartments (such as extension, height, location, etc.), are errors in fact (eg erroneous conviction that in ascertaining the values, account must be taken of certain elements which, pursuant to Article 68 of the Civil Code, are irrelevant to this effect); on the other hand, the errors determined only by more or less subjective criteria that the technician uses to evaluate the properties can not be considered essential.