The Diligence of the Manager as Mandatary

The manager must perform the mandate with diligence. This is the principle of Article 1710 of the Italian Civil Code, under which the mandatary must carry out the appointment with the diligence of a prudent person. Since this is a professional appointment for consideration, however, the diligence required of a condominium manager rises to the qualified diligence of a sector professional, assessed in light of the competence, training and updating duties expected of the profession. Diligence is the yardstick by which one judges whether the manager performed correctly and whether they answer for damage.

The rule of Article 1710

Article 1710 sets the level of commitment required of the mandatary. The general benchmark is the diligence of a prudent person, but the same rule provides that, where the mandate is gratuitous, liability is assessed less strictly. It follows, conversely, that when the mandate is for consideration, as almost always in the case of a professional manager, diligence is assessed more strictly, taking account of the nature of the activity and the skill expected of someone who exercises it for a living.

From general to professional diligence

The manager's diligence is not that of an ordinary person but that of a professional. Whoever takes on the role must possess and maintain the necessary competence: knowledge of condominium law, accounting and administrative ability, continuous updating. The implementing provisions, with the requirements of Article 71-bis, and practice as codified also in the UNI 10801 standard, outline a professional profile that raises the level of diligence that can be required and helps define fault in the event of error.

An obligation of means, not of result

The manager's performance is typically an obligation of means. The manager does not guarantee a given result but undertakes to act with the due diligence to pursue it. This means the manager does not answer merely because an outcome failed to materialize, but for failing to adopt the diligent conduct the circumstances required. The assessment therefore shifts to the conduct held: what an averagely competent and prudent manager would have done in the same situation.

How diligence takes concrete form

• Executing resolutions promptly and handling legal obligations
• Keeping orderly accounts and preserving vouchers
• Overseeing the safety of common parts and deadlines
• Informing the meeting of issues and acting to recover debts
• Choosing suppliers and contracts on verifiable criteria

Fault-based liability

When the manager breaches the duty of diligence and damage to the condominium results, contractual liability arises for breach of the mandate. Fault is measured by comparing the actual conduct with the diligent conduct that could be required: a serious accounting error, the omission of an essential obligation, or the failure to oversee a known danger can amount to breach. The recoverable damage is that which is the immediate and direct consequence of the negligent conduct.

The burden of proof

In liability for breach of the mandate, the condominium bringing the claim must prove the existence of the relationship, the damage suffered and the link with the manager's conduct, alleging the breach. It is then for the manager to show they acted with due diligence or that the breach was due to a cause not attributable to them. This is why documenting one's work is not merely good practice but the tool by which the manager can prove they performed diligently and discharge their liability.

Diligence and protecting the manager

Acting with diligence and preserving the evidence of it is the manager's best defense. Keeping a record of decisions, communications, deadlines met and justified expenses makes it possible to show that the appointment was carried out to a high standard even when an unfavorable result depends on external factors. Diligence, ultimately, is not only a duty toward the owners but the safeguard that protects the manager against challenges.

Documenting obligations, deadlines and vouchers in an orderly way is what makes diligence demonstrable. AmministraPro helps the manager track their work and meet deadlines, turning day-to-day management into evidence of diligent conduct. Discover the features at /funzioni and the plans at /prezzi.