Condominium administrator obligations –

What are the duties of the condominium administrator

In recent years, there has been a greater interest from the Legislator in condominium matters.

In particular, Law 11 December 2012 n. 220, with the aim of ordering condominium discipline, on the one hand, introduced ex new specific obligations and obligations and, on the other hand, it limited itself to formalizing in black and white many tasks which in fact, despite the absence of a specific regulatory provision, were already carried out in the condominium.

Condominium administrator duties and obligations

In such a context, new attributions and related responsibilities have been envisaged for condominium administrators.

This has led to an inevitable metamorphosis of the role and responsibilities of the condominium administrator who, from a mere representative of the community, has become, in recent years, the center of attribution of new legal relationships and new responsibilities.

Condominium administrator obligations

The regulatory reference for identifying the main attributions reserved by law to the condominium administrator is represented by art. 1130 cc, significantly modified by the Condominium Reform Law.

This rule attributes, in the first placethe condominium administrator has a purely executive function, which consists in the annual convocation of the assembly for the approval of the condominium report pursuant to art. 1130 bis cc and to execute resolutions and ensure compliance with regulatory decisions.

The condominium administrator is also required to comply with the formalities required to correctly convene both the ordinary and extraordinary meetings.

Rome condominium administrator duties and obligations

In particular, pursuant to art. 66 available of attention cc the condominium administrator is required to send to the condominiums, in compliance with adequate notice of at least 5 days before the date set for the meeting, the relevant notice with clear indication of the place and time, where the meeting will take place as well as the agenda.

The notice must be forwarded to the condominium owners by registered mail, certified email, fax or by hand delivery.

Pursuant to art. 1136 cc, the resolutions adopted by the assembly must be reported in a specific minute which must be transcribed in a register kept by the condominium administrator.

The latter must also send the minutes of the meeting to the condominium owners, as they are functional to the exercise of challenging the resolutions.

Failure by the condominium administrator to call the meeting

Failure to convene the meeting for the approval of the budget constitutes a serious violation of the obligations of a condominium administrator and, therefore, represents pursuant to art. 1129 cc, reason for revocation.

In the event of failure to convene, each individual condominium owner can independently appeal to the competent Court to request the judicial revocation of the condominium administrator, integrating this non-compliance with just cause.

Condominium administrator obligation to regulate the use of common things

The condominium administrator is also responsible for regulating the use of common things and services, ensuring the best enjoyment for the participants of the communion, guaranteeing supervision and protection.

In carrying out this obligation, the condominium administrator can carry out checks and issue the necessary instructions to maintain equal enjoyment of common goods and services for the benefit of all condominiums, although he cannot completely prohibit their use (Cass. no. 6567/2006).

These activities, to be concretely implemented, often require ratification by the assembly.

For example, if the activation of the common system of heating can be arranged autonomously by the administrator, however the assembly has the power to decide on the expenses necessary for its adaptation to the technical standards prescribed by the regulations on safety and the limitation of polluting emissions produced by combustion (Cass., n. 8531/1996).

Condominium administrator obligation to collect contributions

The duties of the condominium administrator also include the collection of contributions from the condominiums, necessary to support the expenses for the use of common goods and services.

Often in the condominium sector the problem arises of recovering such condominium fees (sometimes even substantial ones) not paid by defaulting condominium owners.

Condominium administrator for common expenses

In this case, the reform law establishes the obligation of the condominium administrator to collect the condominium contributions through the most appropriate legal action for the forced credit recoverywithin six months of the end of the financial year and, consequently, to follow the judicial process up to the enforcement proceedings with scruple and maximum diligence.

Failure to comply with this supervisory obligation may be the cause of possible judicial revocation for serious irregularity on the initiative of each condominium owner.

Condominium administrator obligation to pay the expenses

The art. 1130 cc provides for further functions of an administrative nature, characterized by wide margins decision-making autonomy and discretion of the condominium administrator, in relation to interventions relating to ordinary administration.

The powers reserved to the condominium administrator regarding the interventions are more stringent extraordinary maintenance.

These decisions are the responsibility of the assembly (art. 1135, first paragraph, n. 4), except in cases of urgency, for which the condominium administrator has the power to approve and arrange expenses, having the obligation to report to the first assembly (art. 1135, second paragraph, civil code).
Condominium and assembly administrator

Generally, the activities of collecting contributions and disbursing expenses are carried out on the basis of a preventive annual which indicates the destination of the funds divided by need and the extent of the contribution of each condominium owner.

These expenses will contribute to forming a fund available to the administrator from which he can draw to authorize expenses of an urgent nature, such as, for example, interventions on the facade to avoid serious and imminent dangers deriving from plaster falling onto the street.

Condominium administrator conservation acts

The condominium administrator also has the power to act in defense of the rights concerning the common parts of the building against harassment, deprivation or threats, coming from third parties or even from individual condominiums, as well as acts to safeguard the rights concerning the condominium building as a whole. considered.

According to prevailing jurisprudence, the condominium administrator is responsible, even without prior authorization from the assembly, for the action aimed at removing serious construction defects that affect the entire building and the individual apartments, as well as the power to intervene against any actions implemented by the same condominiums aimed at carrying out underground excavations.

Condominium administrator obligations, the tax aspect

In recent years, we have certainly witnessed a progressive expansion of the tax responsibilities reserved for the condominium administrator.

Numerous regulatory provisions and recent financial maneuvers have made various obligations official and in some cases, introduced convenient forms of incentives for this for the condominium context, also recognizing increased benefits.

All this has translated into new duties as a condominium administrator also towards the tax authorities.

As is known, the provision of the condominium as a withholding tax pursuant to art. 23, Presidential Decree n. 600/1973, entailed specific payment and declaration obligations, physically fulfilled by the condominium administrator.
In particular, they mainly include:

• obligation to apply and pay the Irpef withholding tax (articles 23 and 25, Presidential Decree no. 600/1973);
• release and transmission of the relevant Single Certification (CU);
• obligation to submit form 730;
• presentation of the AC model.

Documentary obligations of the condominium administrator

The art. 1130 cc states that the administrator must keep all the specific documentation of the condominium he manages (for example, condominium registry register, register of meeting minutes, appointment and revocation and accounting register) relating to condominium life and management.

The purpose of this obligation lies in the need to guarantee access to documents by the condominium owner in order to guarantee the transparency and regularity of common interests.

Condominium administrator and documentary obligations

This is a task that often exposes the condominium administrator to continuous requests and possible personal liability actions by the condominium owners, since it is not always immediate to determine when the condominium owner’s request constitutes an obstacle to the administrator’s activity.

The behavior of the condominium administrator who indicates the times and place where to find the documentation and refuses to provide a paper copy of the requested documents cannot be considered a violation of the obligation to provide the documentation (Trib. Rome, 11 July 2018, n. 14268 ).

End of article

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