Neglected maintenance: when the manager is liable

A condominium manager is liable for damage caused by neglected maintenance of the common parts when there was a duty and a possibility to act and the manager failed to do so. Article 1130 of the Italian Civil Code entrusts the manager with the care of the common property; the condominium, as custodian under Article 2051, is strictly liable for damage caused by the common assets. Where the damage stems from managerial negligence, the manager can be held liable personally, including through recourse by the condominium.

The duty to preserve the common parts

Among the powers under Article 1130 is the carrying out of conservative acts concerning the common parts. The manager must monitor the state of the building, schedule inspections, identify problems and propose to the meeting the necessary works. The manager is not required to perform works on their own initiative beyond the limits of their powers, but is required not to ignore signs of decay and to bring the matter to the body competent to decide. The relevant omission is not only the failure to act physically, but also the failure to trigger the decision-making process.

The custodian's liability and the manager's

Towards the injured third party, the primary liability lies with the condominium as custodian of the common asset, under the criterion of Article 2051: it is liable regardless of fault, save proof of a fortuitous event. The manager, however, is not exempt. If the damage occurred because the manager did not report the problem, did not schedule maintenance or did not act on a resolution ordering the work, that negligent conduct can give rise to the manager's own liability towards the condominium, which after compensating the third party may seek recourse against the manager.

Typical cases of damage from neglected maintenance

• Infiltration from the roof or terrace not repaired despite repeated reports.
• Plaster or masonry detaching from the facade and striking people or vehicles.
• Unstable railings, gates or parapets not made safe.
• A blocked common drainage system flooding the premises below.
• Slippery or poorly lit common areas causing falls.

Ordinary, extraordinary and urgent works

Ordinary, low-value maintenance falls within the manager's management powers, which are exercised without waiting for the meeting. Extraordinary and more costly works must instead be resolved by the majorities under Article 1136. Where the work is urgent, Article 1135 of the Italian Civil Code allows the manager to order the indispensable works, reporting to the next meeting. Liability for omission is assessed precisely on this scale: neglecting a due ordinary maintenance, failing to call a meeting for a necessary extraordinary one, or failing to act urgently in the face of danger are conduct of differing gravity.

How the diligent manager defends themselves

The exculpatory proof runs through documentation. A manager who reported the problem in writing, requested quotes, called the meeting and acted on its decisions has fulfilled their duties even if the meeting postponed or refused the expense: in that case any liability falls on the owners who resolved the inaction. It is therefore essential to keep the reports to owners, the minutes, the quotes and the communications to the contractor, so as to reconstruct the chain of decisions and demonstrate one's diligence.

Prevention and planning

The safest management anticipates problems. A maintenance plan with periodic inspections, a register of reports received and a schedule of interventions make it possible to act before decay becomes damage. Planning cuts both costs, by avoiding emergency works, and the risk of liability, by making it clear that the manager monitored the state of the building.

With AmministraPro the manager collects owners' reports, plans inspections of the common parts and keeps the history of interventions, with documents and deadlines always retrievable in the event of a dispute. The features are described on the /funzioni page and the plans on the /prezzi page.