I may need a guide that explains how to modify the thousandth tables in the condominium because they contain errors or no longer reflect the current situation. For example, because a condominium has divided his own in two flat or because they were wrong from the start.
Usually, the thousandth table consists of several columns because certain expenses must be divided according to different criteria. In fact, that by thousandths is only one of the criteria by which expenses are divided. Then there are other criteria that add to this.
For example, the expenses related to the lift are divided by half on the basis of thousandths and the other half in proportion to the height of the floor where the condominium resides.
For this reason, for example, the thousandth tables will include a column called “overheads” and another for “elevator costs”. Different columns because the criteria for allocating those expenses are different. General expenses will be divided only according to the thousandths of ownership. Those for the lift, on the other hand, according to a competing criterion on which both the thousandths and the height of the floor affect.
How to modify the thousandth tables in a condominium
If a condominium believes that the tables in use contain errors, he must ask for them to be changed. Obviously, according to the functioning of the burden of proof established by the Civil Code, will have to prove that there is an error.
Jurisprudence provides us with a case study of which errors are suitable for requesting the modification of the tables and which are not.
For example, the error must be referred to objectively verifiable errors, as stated by the Supreme Court with sentence 25790 of 2016. The clarification is important because in the drafting of the tables not only objective data are detected, such as the extension of the apartments. It also detects exposure to light and sun. The weight of these elements is not determined by law but the coefficients are freely chosen by the technician who draws up the tables themselves.
The Supreme Court, therefore, underlines that it is not correct to demand the modification of the tables only because a condominium has the impression that exposure to the sun is overestimated or underestimated. There is no certain parameter and therefore it is not possible to say with certainty that there was an error in evaluating that element.
It is easier to ask for the revision of the tables because there is an error in the evaluation of the size of the apartments. This is certainly an objectively detectable and measurable error. Also in this case, before imposing an expense, a nuisance and a possible alteration of the power relationships traditionally existing in that condominium, the complainant must demonstrate the existence of the measurement error. This is what the Supreme Court affirms, for example with judgment 21950 of 2013.