Injunction order for condominium expenses: when and how to request it

The injunction order for condominium expenses is the tool through which the administrator quickly recovers the contributions not paid by a defaulting owner. It is an order the judge issues without an adversarial hearing, based on the documents produced, and in condominium matters it enjoys a favourable regime provided by article 63 of the implementing provisions of the Italian Civil Code. Understanding when and how to request it allows the administrator to protect the common funds without dragging the condominium into lengthy litigation.

When it can be requested

The requirement is the default of one or more owners in relation to the contributions due. The administrator can act when there is a claim that is certain, liquid and due, meaning a determined amount that has fallen due. The basis of the claim is the allocation statement approved by the meeting, which links each share to the individual owner according to the thousandth tables or the criteria of the expense.

Article 63 of the implementing provisions

Article 63 states that, to collect contributions based on the approved allocation statement, the administrator can obtain an injunction order that is immediately enforceable, notwithstanding opposition, and without needing a specific authorisation from the meeting. This immediate enforceability is the most significant feature of condominium debt recovery: it makes the tool far more effective than the ordinary injunction order.

Immediate enforceability and what it entails

In a condominium the injunction order is immediately enforceable by law. This means the administrator can start enforcement, for example an attachment, even if the owner files an opposition, without waiting for the outcome of the proceedings. It is a substantial difference from the general rule, where provisional enforceability must be requested and justified on a case by case basis.

The required documents

To obtain the order the administrator must prove the claim with the right documents. The central evidence is the allocation statement approved by the meeting, distinct from the mere financial statement, because it is the allocation that assigns the share to the individual owner.

• The minutes of the meeting that approved the budget or the financial statement and the related allocation statement.
• The allocation statement showing the share owed by the defaulting owner.
• Confirmation of the missing payments and of any reminders sent.
• Proof of the administrator's role, that is the valid appointment minutes.

The owner's opposition

The enjoined owner can file an opposition within forty days of the notification of the order. The opposition opens ordinary proceedings before the competent judge, but does not automatically suspend enforcement, precisely because the order is already enforceable. In the opposition proceedings, according to established case law, the owner cannot reopen the validity of the resolution unless it was challenged within the time limits: the owner can only dispute the existence and the amount of the debt.

Protection of owners in good standing

Article 63 also protects those who pay on time. The condominium's creditors, that is unsatisfied suppliers, cannot act against owners in good standing with their payments until they have first pursued the other defaulting owners. Moreover, the administrator must disclose the details of defaulting owners to creditors who request them. Finally, a new owner is jointly liable with the previous one for the contributions relating to the current year and the preceding one.

The costs of the proceedings

The injunction proceedings involve costs, in particular the court fee, the service charges and the fee of the lawyer assisting the condominium. These costs are normally advanced by the condominium, but are awarded by the judge against the defaulting owner and are added to the principal and interest to be recovered. If the recovery succeeds, the condominium is reimbursed for the advance. If instead the claim proves uncollectible, for example because the debtor has no assets, the advanced costs remain a burden on the common management: one more reason to weigh carefully the sustainability of the action before starting it.

When it is worth trying other routes first

The injunction order is effective, but it still involves costs and time. Before proceeding it is often useful to send a formal reminder and, where the situation allows, to agree a repayment plan. The choice must be weighed case by case, taking into account the amount, the recoverability of the claim and the owner's willingness to regularise their position.

Debt recovery with management software

Condominium management software tracks overdue and unpaid shares in real time, links each default to the approved allocation statement and produces the individual owner's account statement with the reminders sent. This gives the administrator, and the lawyer, the documentation needed for the order already ordered and ready.

AmministraPro monitors defaults owner by owner, generates reminders and account statements and reconstructs the link between instalment, allocation and resolution that supports the injunction order. You can see how it works on the features page or compare the plans in the pricing section.