The increase of population in crowded areas has introduced new ways of building, involving more apartments in a single building. This of course creates some new problems, including the management of common areas and common expenses.
The condominium is regulated by the civil code, thus creating a communion among the apartment owners for shared properties and areas (garden, roof, stairs etc.).
Condominium key figure
The condominium is made of two main bodies:
- The condominium assembly
- The condominium administrator
The assembly is the body who makes the key decisions. This is made of all the units owners, and their voting rights depend on the so-called millesimi (the proportion of each unit compared to the whole condominium).
The administrator is required to call the assembly providing at least a 5 days advance notice to be notified via Lettera raccomandata or PEC to each of the house owners.
Each house owner can be present personally or through a proxy provided to anyone (in most of the cases, this is provided to other house owners).
The assembly normally votes as a simple majority, and this is calculated on the millesimi, however some decisions might be taken per head (same voting right to each participant).
Who manages the condominium?
Once the condominium has 8 units or more, it is required to appoint an administrator, condominiums with less than 8 units may appoint an administrator.
The administrator is in charge of the condominium administration, and it can be any of the unit owners, or a professional administrator who is registered at the appropriate charter held by the local Chamber of Commerce.
The assembly appoints the administrator, as well as the remuneration for the works carried out.
The administrator is in charge of executing the assembly resolution, it is the legal representative of the condominium against third parties, representing the condominium in front of the tribunal as well as the tax office.
The administrator must report the expenses incurred, providing a detailed balance sheet, and splitting the expenses among the house owners.
The administrator can be revoked from its duties by the majority of the assembly or by the tribunal. In the latter case, the assembly can apply to the tribunal discharge against the administrator if he either:
- Have not drafted the balance sheet for two consecutive years
- Has made illegal or wrongful activities with the condominium’s funds
In this case, you don’t need the majority of the assembly to rule out the administrator, but it just needs the initiative of a single houseowner.
Condominium rules
Each condominium with 10 units or more is required to have a condominium rules. This is approved by the assembly and can be amended at any point based on the majority set by the rules itself.
This document is very important as it regulates what each of the house owners can (or cannot) do, and we advise them to take a look at it prior to purchasing a property in such a condominium.
The condominium rules must also be delivered to any of the tenants in the building, so they are well informed about the applicable rules.
