Injured and Liable Owner: the Manager's Role

When an owner suffers damage caused by another, the manager is neither the judge nor a party, but plays a role of coordination between the two and protection of the condominium. Their task is to ease the assessment of the cause, distinguish whether the damage concerns the common parts or only private parties, open the claim on the right policy and keep an impartial stance. Handling this phase well prevents a private dispute from turning into a conflict that involves the whole building.

Impartiality as the basic rule

The manager represents the condominium as a whole, not one owner against another. In the relationship between the injured and the liable party they must remain impartial, reporting the facts neutrally and without taking sides. Taking a stance in favor of one party exposes them to challenges and undermines the meeting's trust. Their compass is the common interest and compliance with the rules.

This does not mean staying idle. It means acting on facts and procedures, not on sympathies: check the origin of the damage, document it and steer the parties toward the correct solution, whether an amicable agreement or opening a claim.

Distinguishing common damage from private damage

The first operational task is to understand whether the source of the damage is common or private, because everything else depends on this. If the damage arises from a common part, the condominium is involved directly as custodian under Article 2051 and the whole-building policy applies. If it arises from a private property, the matter is between the two owners and the condominium remains extraneous, while still being able to ease the inspections.

• Check the physical source of the damage with a technician
• Establish whether the cause is in a common or a private part
• Identify the policy competent for the claim
• Distinguish the condominium's position from the private parties'
• Put the managing body's position in writing

Communication between the parties

Clear, documented communication is the best tool for preventing conflict. The manager gathers the reports, informs both parties of the established facts, invites them to exchange insurance data and records the meetings. Written communications, with certain dates, are valuable if the matter later ends up before the insurers or the judge.

It is useful for the manager to invite the parties not to carry out repairs before the damage has been assessed and documented, because a hasty repair erases the evidence and complicates the refund.

Opening the claim

When the condominium's policy is involved, the manager promptly opens the claim, provides the required documentation and follows the process with the company and the loss adjuster. They must respect the reporting deadlines set by the contract, because a delay can compromise cover. If the damage is between private parties, instead, their respective personal policies apply, and the manager only provides useful data.

When the dispute is not settled

If the parties reach no agreement and the damage concerns the common parts, the decision on legal action rests with the meeting, which authorizes the manager under Article 1131 of the Italian Civil Code. In purely private damage, instead, the manager cannot and must not litigate on behalf of one of the owners: the parties do so with their own lawyers. It is important that this distinction is clear from the outset.

Handling relations with orderly tools

Handling relations between the injured and the liable owner with balance requires full traceability of reports, communications and claims. With AmministraPro the manager records every report, sends communications with a certain date to both parties and links the claim to the units involved, keeping a documented and impartial position. The features are described on the /funzioni page and the plans on the /prezzi page.