The individual condominium owner may request to know the accounting position of the others

It is not admissible to invoke the protection of privacy in order to deny individual owners access to accounting documents andto the condominium register. This is what is stated in Supreme Court Order 7823/2026 filed on 31 March.

The judges of legitimacy had been approached by a condominium owner, who had been unsuccessful in the first and second instance, and who had judicially requested the restitution of condominium fees, which she believed had been unduly paid, and the condominium's condominium's condominium condominium register and accounting documents. The judgments on the merits had raised a terminological issue: the condominium owner had asked not to see the records, as required by law, but the communication of them. As for the register, those data, the condominium claimed, are covered by privacy and the individual condominium owner cannot request them.

The Supreme Court of Cassation overturns this assumption and specifies: Articles 1129, paragraph II, and 1130 bis, paragraph I, of the Civil Code ensure that the owners and holders of rights in rem or of enjoyment over real estate units may inspect the expenditure supporting documents at any time, and the administrator is also obliged, subject to reimbursement of the expense, to provide a copy, signed by him, of the mandatory registers he must keep, thus also the condominium register.

With the aim of avoiding litigation, write the Supreme Court judges, the 2012 reform necessarily entailed, as clarified by the Garante della privacy itself, the knowability, by the individual condominium owner, of information concerning the participants in the condominium structure without the need for their consent and, in particular,expenses anddefaults of the owners, either at the time of the annual statement of account, or by explicit request to the administrator. The only limitation is the prohibition to disclose information on expenses or arrears outside the condominium assembly, so that it is forbidden to display default notices or payment reminders in condominium spaces accessible to third parties (Court of Cassation, 29323/2022; Court of Cassation, 186/2011).

The condominium administrator, then, has only the duty to take the appropriate precautions to prevent access to that data by persons extraneous to the condominium, but the professional is obliged to inform the individual condominium owner who so requests of the expenses and defaults of the other owners. Therefore, the reference, per se, to the limit of privacy in order to deny the right of access is not motivation in conformity with the law.