If a condominium owner believes that the central heating system does not provide sufficient heat, he does not have the right to abstain from paying the costs for its maintenance.
This is what the Court of Cassation established with sentence no. 12596 of 28 August 2002.
The Court considers that the insufficient supply of heat does not constitute a valid reason for independently abstaining from contributing to the costs of maintaining the central heating service.
The tool that the Court of Cassation grants to the dissatisfied condominium owner is that of requesting damages. In this case, it is necessary for a judicial assessment to be made of the damage suffered, which will eventually be liquidated, taking into consideration the contributions paid to the condominium administration and the expenses incurred to make up for the lack of heat supply.
This solution, however, can take a long time and involve additional expenses.
Alternatively, the condominium owner can request to permanently detach from the central heating system and create an independent one.
The conditions necessary for the detachment are the following: the cost of the operation must be borne by the condominium owner; if management costs increase following the detachment, the increased burden will be borne by the condominium owner who has detached; the intervention must not damage the safety and functioning of the centralized system.
source: Time House
Grimaldi Padua
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