The sentence of the Cassation: the condominiums pay, not the administrator
If a condominium does not dispose of waste correctly and is fined for failing to separate waste collection, who pays the fine? According to the Court of Cassation, the administrator cannot be held liable jointly with the condominiums for the ascertained violation of the rules. The condominiums are responsible for the conduct, as stated on studiocataldi.it.
The condominium administrator is not liable jointly for the administrative offense committed. The administrator, according to sentence 4561/2023, is liable only if he materially contributes to the violation of the rules for differentiation, but cannot be held accountable in relation to misconduct by others.
The ruling refers to an event that took place in Rome. A condominium and a Srl, in the capacity of administrator of the same, are appealing to the Cassation against the municipality for the sentence which recognized them jointly responsible for the incorrect execution of separate waste collection.
For the Cassation, however, the Court is wrong in holding the administrator and condominium liable jointly for the irregularities found by the operators of separate waste collection. The administrator cannot be called to answer for the deeds put in place by the individual condominiums.
The reference, in the reasoning of the sentence, of the art. 14 paragraph 7 of the waste management regulation of Rome, which obliges users and administrators to keep and use the containers correctly. The violation committed and disputed consists in the incorrect insertion of waste in the various containers.
The regulatory norm therefore affects its own facts, without any joint responsibility on the part of the condominium administrator with the author of the incorrect use of the containers.
In order to hold the condominium administrator responsible, it is therefore necessary to prove that the sex materially contributed to the violation, since it cannot be held responsible only for its position.