Condominium clauses in the preliminary sale contract

The preliminary sale contract is the best moment to settle the condominium aspects of a sale, well before the final deed. Including precise clauses on funds, arrears and approved works avoids later disputes and clearly allocates the burdens between seller and buyer. Because the law governs only the relationship toward the condominium, it is precisely these clauses that define who pays what between the parties. Let us see which ones to provide and how to word them.

Why the clauses matter already in the preliminary

Weeks or months often pass between the preliminary contract and the final deed. During this interval condominium installments accrue, owners' meetings may be called and works approved. Setting the allocation rules from the preliminary shields both parties from events that occur after signing the preliminary but before the final deed.

The implementing provisions of the Italian Civil Code establish the buyer's joint liability toward the condominium for the current year and the previous one, but they do not govern the internal relationship. It is the preliminary contract clauses that fill this gap, stating who ultimately bears each expense.

Clause on the status of payments

The first clause to include is the seller's commitment to deliver, before closing, the manager's certificate on the status of payments and on any pending litigation. This document certifies whether the seller is up to date with contributions and whether disputes are pending that could affect future expenses.

It is advisable to provide that the seller guarantees the absence of arrears as of the closing date and undertakes to settle any back payments before the deed, or that the sums due are withheld from the price and paid over to the condominium.

Clause on the cash reserve and works fund

The preliminary must clarify the fate of the sums set aside in the funds. The shares paid into the cash reserve and the works fund remain the condominium's and are not refunded by the condominium to the seller. The parties must therefore decide whether the buyer reimburses the seller the share already paid, typically by increasing the price, or whether the seller waives recovery.

• Statement of the funds' balance as of the preliminary date
• Choice of who bears the shares already paid into the funds
• Allocation of works fund installments still to fall due
• Reference to the manager's certificate for the exact amounts
• Method of settlement at the time of closing

Clause on approved extraordinary works

One of the most contentious points concerns extraordinary works already approved by the owners' meeting but not yet carried out. The duty to contribute arises with the resolution that approves the intervention and its cost. Whoever was the owner on the date of the resolution is bound toward the condominium, but the parties can agree otherwise between themselves.

The clause must state which interventions are already approved, their estimated cost and who bears the burden. It can provide that the seller pays for works approved before the sale, or that the buyer takes on the amount with a corresponding reduction in price, provided everything is in writing.

Clause on the allocation of current expenses

For ordinary expenses it is advisable to provide a time-based allocation criterion between seller and buyer. A common method is to charge expenses according to the period of actual possession, calculated pro rata up to the closing date. It is also useful to establish who is entitled to the settlement of the annual report approved after the transfer.

This clause prevents the buyer from paying for consumption and services enjoyed by the seller, or vice versa, and makes the determination of the amounts automatic at the time of the final balance.

Communicating the sale to the manager

Finally, it is wise to include the commitment to promptly communicate the transfer to the manager, so that the condominium register is updated and installments are charged to the new owner. Until the communication, the manager continues to treat the seller as the debtor, with the risk of errors in recovery. The clause can state which party handles the communication and within what time.

The support of orderly document management

Drafting effective clauses requires up-to-date data: status of payments, balance of the funds, spending resolutions and reports. When the manager has orderly accounting and a consultable history, the certificate to attach to the preliminary is ready quickly and tied to a certain date.

AmministraPro lets the manager produce statements on the status of payments, consult funds and resolutions and keep the register aligned with the sale, so the preliminary clauses rest on reliable figures. The features are described on the /funzioni page, while the available plans are listed on /prezzi.