Loss of the Condominium Manager's Requirements

The condominium manager must hold the good-standing and professional requirements set out in Article 71-bis of the provisions implementing the Italian Civil Code not only at the time of appointment, but throughout the mandate. Losing even one of them causes termination of the mandate: from that moment any owner may, without formalities, call the meeting to appoint a new manager. Continuous possession of the requirements protects the condominium from management left in the hands of someone no longer suitable.

The requirements under Article 71-bis

The rule sets out who may serve as manager. In short, one must: enjoy civil rights; not have been convicted of offences against the public administration, the administration of justice, public faith, property, or of another non-negligent offence within certain sentence limits; not have been subject to final prevention measures, unless rehabilitated; not be under interdiction or incapacitation; not appear in the register of dishonoured bills; hold a secondary school diploma; and have attended an initial training course and carry out periodic training.

• Good-standing requirements: absence of certain convictions, prevention measures, interdiction or dishonoured bills.
• Capacity requirements: enjoyment of civil rights.
• Professional requirements: diploma, initial training and periodic updating.
• The requirements must be maintained throughout the mandate, not only at appointment.

Automatic termination when a requirement fails

If during the mandate the manager loses one of the requirements, for example receives a relevant conviction, is placed under interdiction, or appears in the register of dishonoured bills, they cease to hold office. Termination operates as an effect of the law and requires no revocation resolution. The condominium must, however, actually arrange the replacement, because it cannot remain without a representative. For this reason Article 71-bis provides that, in the event of termination for loss of the requirements, any owner may call the meeting without the ordinary formalities.

The periodic training obligation

Periodic updating is among the professional requirements. A professional manager must attend training courses at the intervals set by the sector rules. Failure to update affects the persistence of the requirements and can be relied on to challenge fitness to continue the mandate. Documentation of the training completed is therefore something the manager has an interest in keeping and, on request, producing.

The exception for the owner-manager

The diploma and training requirements are not required when the manager is appointed from among the building's owners. An owner who directly manages their own building is exempt from these two professional requirements, but remains subject to the good-standing and capacity requirements. Even the owner-manager, therefore, ceases to hold office if they lose the enjoyment of civil rights, receive a relevant conviction or have bills dishonoured.

How to assert the loss of requirements

An owner who notices the loss of a requirement may report it and call the meeting for the replacement. If the manager disputes the termination and keeps operating, the matter can be brought before the judge, including with a request for revocation. It is advisable to document the cause of the lost requirement, for example with a search of dishonoured bills or with the judicial measure, to support the calling of the meeting and any action.

1. Verify the concrete cause of the lost requirement and gather the proof.
2. Call the meeting to acknowledge the termination and appoint the new manager.
3. If the manager resists, consider applying to the court.
4. Handle the handover of the condominium's documentation and funds.

Keeping requirements and deadlines in order

For the manager it is useful to file training certificates, personal details and documents proving the requirements in an orderly way, so they can be produced when the meeting or an owner asks for them. AmministraPro gathers the manager's and the condominium's documentation in a single space and keeps track of relevant deadlines. The features are on /funzioni and the plans on /prezzi.