Condominium Without a Manager: How to Manage It

A condominium may find itself temporarily without a manager after resignation, removal or non-renewal. The law, however, requires appointment when the owners are more than eight: if the meeting fails to act, the appointment is made by the court on application by one or more owners or by the resigning manager. Below this threshold appointment is not mandatory and the owners may manage the common parts directly, under the rules of collective decisions.

When appointment is mandatory

Article 1129 of the Italian Civil Code provides that, if the owners are more than eight, the meeting must appoint a manager. The threshold is counted on the number of owners, that is the proprietors, not on the number of units. Above this threshold direct management is not allowed on a stable basis: the condominium must have a manager, a figure required by law, tasked with executing resolutions, collecting contributions and keeping the accounts.

Who decides without a manager

In condominiums that may remain without a manager, or during the gap between two managements, decisions on the common parts belong collectively to the owners, meeting together and with the majorities required by law. No single owner, even the most active, may decide alone or bind the others. For matters not governed by the condominium rules, the rules on co-ownership of property apply.

The risks of a management gap

• Failure to pay suppliers and utilities, with risk of service disconnection
• Tax deadlines and payments not made
• Systems without maintenance and liability for safety
• No one entitled to collect contributions and act against defaulters
• Difficulty representing the condominium in dealings with third parties

Judicial appointment

If the meeting is unable to appoint the manager, and appointment is mandatory, one or more owners or the resigning manager may apply to the court of the place where the condominium is located. The application may be filed on plain paper and does not necessarily require the assistance of a lawyer. It is a proceeding of voluntary jurisdiction: the judge does not resolve a dispute but ensures the condominium has the necessary managing body.

How to prepare the application

In the application it is advisable to state the condominium's details, the number of owners, the situation that left the management uncovered and the request for appointment. It is useful to attach documentation proving the attempt to appoint in the meeting and its negative outcome. Once the appointment order is obtained, the manager designated by the judge assumes ordinary powers and remains in office under the general rules, with the meeting able to later appoint or confirm.

Returning to stable management

Direct management or the gap between two administrations should last as little as possible. The ordinary solution remains appointing a manager, who ensures regular accounts, compliance with deadlines, maintenance of systems and protection of receivables. Even condominiums below the eight-owner threshold often still choose a manager to avoid having to coordinate on every single decision.

Whether it is resuming a management left uncovered or installing a new manager after appointment, having order in the accounts from the start makes the difference. With AmministraPro you reconstruct the accounts, track deadlines and manage contributions and arrears from a single tool. The features are on the /funzioni page and the plans on the /prezzi page.