Did you know that the co-ownership administrator in Italy could be one of the co-owners?
The condominium administrator represents an essential figure for the management of the building and its common parts, as well as for translating the condominium will into concrete actions and for carrying out all the necessary operations to protect the team.
Powers of the administrator
The administrator is required, in the first instance, to take care of compliance with the condominium regulation, as well as to regulate the use of common things and the use of services in the common interest, so that the best enjoyment is ensured to each of the condominiums. In case of conflict, just contact an Italian lawyer.
The administrator is also responsible for carrying out the resolutions of the condominium meeting, which the law requires him to convene annually for the approval of the annual management report, which he himself is required to draw up.
Current account required
In addition, the duties of the administrator also include the execution of tax obligations, the collection of contributions and the disbursement of expenses necessary for the ordinary maintenance of the common parts of the building and for the performance of common services.
The administrator is, in fact, obliged to pass on the sums received for any reason by the condominiums or third parties, as well as those for any reason disbursed on behalf of the condominium, on a specific current bank or postal account, in the name of the condominium (not himself); each condominium, through the administrator, may request to view and extract a copy, at its own expense, of the periodic reporting.
Condominium documentation and records
The law also attributes to the administrator the task of taking care of the keeping of a whole series of important registers concerning the condominium, including the condominium registry, which contains the generality of the individual owners and holders of real rights and personal rights of enjoyment, including the tax code and the residence or domicile, the cadastral data of each real estate unit, as well as any data relating to the safety conditions of the common parts of the building.
Furthermore, the administrator will have to take care of keeping the register of the minutes of the meetings, the register of appointment and revocation of the administrator and the accounting register (the latter can also be held in a computerized manner). Again with regard to documentation, the administrator is required to keep all the documentation relating to his / her management relating both to the relationship with the condominiums and to the technical-administrative status of the building and the condominium. He must provide the condominium requesting a certificate relating to the status of the payments of the condominium charges and any ongoing disputes.
Who can perform the condominium administrator activity?
The office of administrator of the Condominium can be held either by one of the condominiums or by a subject unrelated to the team and specifically appointed.
Given the particular function, the person called to perform the functions of condominium administrator must possess certain requirements, both personal and professional, set out in detail in art. 71-bis of the provisions for the implementation of the civil code.
In particular, the administrator must have the enjoyment of civil rights, must not be interdicted or incapacitated, nor subjected to prevention measures that have become definitive (unless rehabilitation has taken place) or convicted of crimes against the public administration, the administration of justice, public faith, property or for any other culpable crime for which the law imposes the sentence of imprisonment not less than, in the minimum, two years and, in the maximum, five years. Finally, his name should not be noted in the list of promissory notes.
With regard to professional requirements, the administrator is required to have obtained at least the secondary school diploma and to have attended an initial training course and to have carried out periodic training activities in the area of condominium administration.
Condominium administrator firm
The functions of administrator of the Condominium can be entrusted not only to natural persons, but also to firms.
Duration of the assignment and remuneration
Pursuant to the civil code, the office of director lasts one year and is considered renewed for the same duration. The shareholders’ meeting convened for the revocation or resignation will deliberate on the appointment of the new director.
Upon termination of the assignment, the administrator is required to deliver all the documentation in his possession relating to the condominium and to the individual condominiums and to carry out urgent activities in order to avoid prejudice to common interests without the right to further compensation.
In addition, unless expressly dispensed by the assembly, the administrator must proceed with the forced collection of the sums due from the obliged within six months of the end of the financial year in which the credit is included.
Article. 1709 c.c. given this postponement and the specific nature of such an assignment, the administrator is deemed to be remunerated for the work carried out. Article. 1709 of the Civil Code, in fact, poses a presumption of onerousness of the assignment, unless otherwise established; in particular, if the extent of the remuneration has not been established by the parties, it will be determined on the basis of professional rates or customs or, failing that, it will be determined by the judge.
Upon acceptance of the appointment and its renewal, the administrator must analytically specify, under penalty of nullity of the appointment itself, the amount due as compensation for the activity carried out.
Revocation and termination of the assignment
The revocation of the administrator can be deliberated at any time by the assembly, with the majority foreseen for his appointment, or in the manner provided by the condominium regulation.
Indeed, the judicial authority may be called to rule on the revocation, upon appeal of each condominium, may in the case provided for in the fourth paragraph of Article 1131, if it does not account for management, or in the event of serious irregularities.
A non-exhaustive list of behaviors that constitute serious irregularities is contained in art. 1129 of the Italian Civil Code.