The Court of Cassation, in its judgment no. 11484/2017, ruled on the allocation of costs for the repair and reconstruction of the condominium solarium for exclusive use.

This rule is not mandatory because is derogable by the condominium regulation, but the judges have made it clear that the expense should not be paid by all the condominiums, but only by the owners of the single real estates that are located in coincidence of the roof which must  be repaired or rebuilt .

According to this judgment, it is incorrect the rule for which all the condos must pay the expenses in relation to the ownership of the common parts, infact all the owners who are not covered by the slab to be repaired or reconstructed are excluded from the expense indicated in the civil code because "it is inevitable that the terrace also covers some parts which are shared by all the condos (...) but this is not enough to let all the condos pay, otherwise  article 1126 cc would have no practical application. "