Unchecked systems: the manager's liability

A condominium manager who neglects the compliant inspection and maintenance of the common systems can be liable for the damage that follows. The lift, the central heating system, the electrical system and the fire safety equipment require mandatory periodic checks and engagement of qualified technicians. Failure to carry out these obligations, when it causes injury or damage, gives rise to the condominium's liability as custodian under Article 2051 of the Italian Civil Code and can fall on the manager for their managerial negligence.

Common systems and the checks due

The systems serving the building are common parts under Article 1117 of the Italian Civil Code, and their care falls among the manager's powers. Many systems are subject to periodic inspections and scheduled maintenance required by technical and safety rules: the lift requires periodic inspections and maintenance by a qualified firm, the central heating system requires efficiency and safety checks, and the electrical system and fire safety equipment require the checks provided by their respective rules. The manager must ensure that these obligations are carried out on time and by qualified parties.

Liability for damage from objects in custody

When a common system causes damage, liability is first assessed under the criterion of Article 2051 of the Italian Civil Code: the condominium, custodian of the asset, is liable regardless of fault, save proof of a fortuitous event. That exculpatory proof is hard to provide if it emerges that the mandatory inspections had expired or maintenance had been neglected. In this framework, a manager who did not schedule the checks, did not renew the maintenance contracts or ignored inspection reports with a negative outcome exposes the condominium to liability and can be required to answer for it by way of recourse.

Typical risk situations

• An expired periodic lift inspection and injury to a user.
• A central heating system without the required safety checks.
• Fire safety equipment not serviced or safety signage missing.
• A non-compliant common electrical system causing a short circuit or fire.
• An inspection report with requirements not complied with within the stated deadlines.

Workplace safety and awarding the works

When the condominium commissions works on the common parts, the manager also takes on duties regarding safety. In awarding the works it is necessary to verify the technical and professional suitability of the firms and, in the cases provided, to attend to the obligations relating to safety coordination. Neglecting these duties, besides exposing to penalties, aggravates the manager's position in the event of an accident, because negligence in organising the works contributes to causing the harmful event.

The role of the meeting

Upgrading works and the signing of costly maintenance contracts must be brought to the meeting, which resolves by the majorities under Article 1136. A manager who reports the need for an upgrade and proposes the expense, but is refused the resolution, transfers to the owners the responsibility for the choice, provided the report appears in the minutes. Different is the position of one who does not even bring the matter to the meeting's attention: in that case the omission is entirely their own. In cases of imminent danger, the power to intervene urgently under Article 1135 remains.

Plan so as not to forget

The key is the schedule. Each system has its own cadence of checks and maintenance: keeping a calendar of obligations, with the date of the last check, the deadline of the next and the firm engaged, prevents a deadline from passing unnoticed. Keeping the inspection reports, the maintenance contracts and proof of compliance with requirements allows the manager to demonstrate their diligence and to react in time to a negative outcome, before it turns into damage.

With AmministraPro the manager keeps the systems register with a schedule of checks and maintenance, with contracts and reports always retrievable, receiving reminders of upcoming deadlines. The features are described on the /funzioni page and the plans on the /prezzi page.