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Duties of the condominium administrator under article 1130

Article 1130 of the Italian Civil Code lists the tasks a condominium administrator must carry out by law. Here we review the administrator's duties one by one, from contributions to mandatory registers and the annual report.

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The duties of the condominium administrator under article 1130 of the Italian Civil Code are the tasks that whoever runs a building must perform by law, regardless of the contract and the internal rules. The provision, rewritten by the 2012 condominium reform (law 220/2012), adds to the powers already set by article 1129 a precise list of obligations. Knowing these duties helps owners understand what they can demand and helps the administrator leave no obligation uncovered.

The administrator's duties in article 1130 of the Civil Code

Article 1130 provides that the administrator, in addition to what is required by article 1129 and by law, must carry out a series of numbered tasks. These are mandatory duties: the administrator cannot set them aside, and failing to perform them may amount to a serious irregularity justifying removal by the court. Let us look at them one by one.

Carry out resolutions and call the meeting

The first task is to carry out the resolutions of the owners' meeting, to call it every year to approve the condominium report under article 1130 bis and to ensure compliance with the building rules. The administrator is the executive body of the condominium: it gives effect to what the meeting decides but does not replace its substantive choices.

Regulate the use of common parts

The second duty concerns regulating the use of common property and the enjoyment of services in the common interest, so as to ensure each owner the best possible use. This includes regulating the use of the courtyard, the parking spaces, the lift and the other shared services.

Collect contributions and pay expenses

The third duty requires the administrator to collect contributions and pay the expenses needed for the ordinary maintenance of common parts and for running common services. From this duty also stems the obligation, set by article 1129, to act to recover sums owed by owners in arrears within six months of the end of the financial year.

Perform conservative acts

The fourth duty concerns conservative acts relating to the common parts of the building, that is actions aimed at preserving the integrity of the common property, including urgent legal actions. The fifth duty requires the administrator to fulfil tax obligations, from withholding tax on suppliers' fees to the communications due to the tax authorities.

Keep the mandatory condominium registers

Duties six and seven require keeping the mandatory registers. The administrator must maintain the condominium anagraphic register, with the details of the owners and holders of rights, their tax code, residence or domicile and the cadastral data of the units. It must also keep the register of meeting minutes, the register of the administrator's appointment and removal, and the accounting register.

  • Anagraphic register, updated with the changes reported by owners.
  • Register of meeting minutes.
  • Register of the administrator's appointment and removal.
  • Accounting register, the basis of the annual report.

Keep the documentation and account for the management

The administrator must keep all the documentation of the management, relating both to the relationship with owners and to the technical and administrative state of the building, and provide any owner who asks with a statement on the status of payments and pending disputes. Finally, it must prepare the annual condominium report and call the meeting to approve it within one hundred and eighty days of the end of the financial year.

Managing the duties with management software

Many of the duties in article 1130 are repetitive, document based tasks: keeping the registers up to date, storing supporting documents, issuing statements, meeting the report deadlines. Management software keeps them ordered and traceable, reducing the risk of omissions that can lead to removal by the court.

AmministraPro gathers in one place the mandatory registers, the anagraphic register, the minutes and the accounting that feeds the report, so that every duty in article 1130 leaves its own trace. You can see how it works on the features page or compare the plans in the pricing section.

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