Il condominio deve risarcire il danno non patrimoniale subito dalla proprietaria di un immobile che per ben 5 anni aveva subito infiltrazioni d'acqua piovana, causa il mancato rifacimento del tetto. A stabilirlo รจ il Tribunale di Firenze (sentenza 147/11) che ha accolto la domanda di risarcimento. It took years before the condominium decides to carry out renovation works to the roof (the part within the meaning of art. 1117 Civil Code), despite the many warnings sent the woman administrator and the other condominiums. Even the technicians appointed by the same apartment block over the years agreed that it was necessary repairs of finality. This, for the Court, is crucial to assert the responsibility of the Condominium defendant for failure to repair the roof enough to condemn him to pay damages caused to the actress.
no injury was not recognized in terms of right to health (so-called damage biological), as the lady did not offer any evidence of any injury to their physical or mental integrity. Nor is the inconvenience for which compensation consisting in having some time the woman refused invitations to dinner or the movies because they had to stay at home to check the progress of infiltration. Instead, it should be recognized - according to the Tuscan court - the Recoverability of non-pecuniary damage for breach of property rights falling within the category of fundamental rights inherent to the person, protected as a fundamental right guaranteed by the Constitution, whose restrictions should be subjected the right balance between public interest and private interest.
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