Published by carratelli3 years ago

Condominium administrator: what are the requirements for holding the position, duties, and when is it legally required for a condominium to have an administrator?

Condominium administrator: definition, duties and responsibilities

L'condominium administrator the executive body of the condominium, as established by Italian law, and is appointed by the condominium assembly. 

Responsible for the common areas of the building—as described in Article 117 of the Civil Code—and, although their responsibility normally extends beyond any disputes between condominium owners, when these involve two private properties, the condominium regulations may allow for certain exceptions and regulate the administrator's possible intervention. In any case, they have no power over the private parts of the building. 

 

When is a condominium administrator needed?

Not all condominiums are required to appoint an administrator. Specifically, the law requires a condominium to appoint an administrator when there are more than eight units. 

 

Condominium administrator: the requirements needed to carry out the role

 

The administrator can be an external professional or a condominium owner, provided that he or she has attended the specific training course and has certain requirements, as established by Legislative Decree 11 December 2012, n. 220, namely:

  • - must enjoy civil rights (a);
  • - must not have convictions for crimes against the Public Administration, administration of justice, public faith, property or for any other non-culpable crime punishable by imprisonment of not less than two years and a maximum of five (b);
  • - not having been subjected to definitive preventive measures, except rehabilitation (c);
  • - must not be interdicted or incapacitated (d);
  • - must not be recorded in the list of protested bills of exchange (e);
  • - must have obtained a secondary school diploma (f);
  • - must have completed a training course in the relevant field and attend periodic training courses (g).
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If the administrator is a condominium owner, requirements (f) and (g) are not necessary. Given the sensitive nature of the assignment, it's always good practice to have professional insurance.

 

The appointment lasts for one year, which is renewed for another year unless revoked.

 

Condominium administrator responsibilities and duties

 

The administrator's duties are:

  • - manage the common areas of the building
  • - supervise maintenance
  • - collect and manage the fees relating to the maintenance costs of the condominium
  •  -verify compliance with condominium rules
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From a practical point of view, he is the one who manages the condominium expenses and draws up the budget at the end of the year. 

 

His duties include:

  • - the obligation to convene the condominium assembly, the condominium's deliberative body, within 180 days of the end of management;
  • - financial management through a current account in the condominium's name, into which the condominium members must pay their installments and through which expenses must be paid; it is prohibited to disburse cash on behalf of the condominium, nor to have an account in the name of the administrator and not the condominium;
  • - the regulation of common areas and services;
  • - action against defaulters, unless the meeting decides to relieve them of this obligation. In the event of damages due to defaults, the meeting can cite the administrator;
  • - verify compliance with the condominium regulations;
  • - maintain the common areas, as far as possible, in a decorous and functional manner;
  • - handle the payment of the F24 tax return, the salaries of the concierge and other direct employees of the condominium;
  • - maintain condominium records (registry register, register of meeting minutes with condominium regulations, register of appointments and dismissals of administrators, accounting register);
  • - At the end of the year, the administrator must prepare a condominium financial statement, known as the balance sheet, and submit it to the assembly for approval. 

 

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