The condominium administrator as a company or legal entity

The condominium administrator as a company is a possibility expressly recognised by law: the role does not have to be held by a natural person, but may also be taken on by a legal entity. After the condominium reform many professional practices operate in corporate form, and this raises a practical question: who must meet the requirements when a company is the administrator? The answer lies in article 71 bis of the implementing provisions of the Italian Civil Code.

A company can act as condominium administrator

Article 71 bis disp. att. c.c. provides that the role of condominium administrator may also be carried out by companies formed in the ways set out in book V, title V, of the Civil Code. This includes both partnerships and companies limited by shares. The option of entrusting management to a company answers increasingly common organisational needs, from continuity of service to a structure with offices and staff.

Who must meet the requirements

When the administrator is a company, the requirements set by law must be met by the partners with unlimited liability, by the directors of the company and by the employees tasked with performing the administration functions for the condominiums the company serves. In practice the law looks to the natural persons who actually manage the condominiums, not only to the company as such.

The legislative choice is consistent: since administration calls for personal competence and reliability, it would make no sense to let a company sidestep the requirements by handing management to collaborators without training or good standing. The condominium therefore has an interest in knowing not only that it is dealing with a properly formed company, but that the people in charge of its building meet the legal requirements.

The requirements of article 71 bis

The requirements are those listed in the first paragraph of article 71 bis and apply to the role in general.

• Enjoyment of civil rights.
• No convictions for certain offences, including those against public administration, public faith and property.
• Not being subject to final preventive measures, unless rehabilitated.
• Not being interdicted or incapacitated.
• Name not entered in the register of dishonoured bills.
• A secondary school diploma.
• Attendance of an initial training course and ongoing periodic training in condominium matters.

Training and diploma: the exceptions

The diploma and training requirements, set by letters f) and g), are not necessary if the administrator is appointed from among the owners of the building. The rule also provides a transitional exception for those who had already carried out administration activity for at least one year in the three years before the reform came into force, subject to the obligation of periodic training. These are narrow exceptions that do not affect the ordinary structure of a role held by a company.

Liability in company management

Entrusting the role to a company does not soften the administrator's typical duties: keeping the accounts, preparing the financial statement, managing the condominium bank account, calling the meeting and carrying out resolutions all remain unchanged. The company is answerable to the condominium for the work of its collaborators, under the general rules. For the condominium it is therefore important to know which natural person will actually handle the management.

On the insurance side it is wise to check that the professional liability policy covers activity carried out in corporate form and the collaborators who act on the company's behalf. The dedicated bank account, mandatory for each condominium, should also be organised so that the movements stay distinct and traceable to the individual building, regardless of the company's internal structure.

Loss of the requirements

The loss of any of the requirements set out in letters a) to e) of the first paragraph brings the role to an end. In that case each owner may call the meeting without formalities to appoint a new administrator. The rule also applies to company management, because it concerns the natural persons who must meet the requirements: if they cease to hold them, the role cannot continue.

What to assess before appointing a company

Before entrusting the role to a company it is wise to check the corporate form, who will follow the condominiums and how accounts and archives are organised. A decisive practical aspect is the traceability of management: who accesses the data, how documents are kept and with which tools the financial statement is produced. An orderly structure reduces the risks when staff within the company change.

Tools for professional management

Whether the administrator is a natural person or a company, management software brings order to accounts, deadlines and documents, with roles and permissions for staff. AmministraPro lets a structured practice manage several condominiums with a single archive, compliant financial statements and access traceability, so continuity of service does not depend on any one person. You can see how it works on the features page or compare the plans in the pricing section.