What Majorities Are Needed to Appoint and Remove a Property Manager

One of the most delicate moments in the life of an Italian condominium is choosing who will manage it, just as important as deciding to replace whoever is already doing the job. Knowing precisely the majority to appoint an Italian condominium property manager required by law is essential to avoid fragile resolutions that are easy to challenge, and to correctly handle both the appointment of a new manager and their eventual removal.

When appointing a property manager is mandatory

Article 1129 of the civil code states that appointing a property manager is mandatory when there are more than eight co-owners. Below that threshold, co-owners may still choose to appoint one voluntarily, but they are not required to, and can manage the common parts directly among themselves. In practice, many smaller condominiums also prefer to rely on a professional manager, given the growing complexity of the tax and accounting requirements imposed by current regulations.

The majority for appointment on first call

Article 1136 of the civil code sets out assembly majorities in a structured way, distinguishing between first and second call. To appoint the property manager on first call, a favorable vote is needed from the majority of those attending, representing at least half the value of the building. This is a so-called double majority, by head count and by value, which must be reached simultaneously for the resolution to be valid.

The majority on second call

If the constitutive or the deliberative quorum is not reached on first call, the assembly can be reconvened on second call, where the required majorities are lower. To appoint the property manager on second call, a favorable vote from one third of the participants in the condominium, representing at least one third of the value of the building, is sufficient. This reduction in thresholds prevents the condominium from getting stuck when attendance at assemblies is low, a situation that is far from rare in practice.

Removal by the assembly

Removal of the property manager by the assembly follows the same majority rules as appointment. Co-owners can resolve to remove the manager at any time, even before the natural expiry of the mandate, without necessarily having to justify the decision with just cause, since this is a fiduciary relationship that the assembly can end freely. It is enough to put the item on the agenda of a properly convened assembly and reach the required majorities.

Removal for just cause and the role of the courts

Alongside removal by the assembly, the law allows co-owners to turn to the court to obtain judicial removal of the property manager when serious irregularities in management exist. Typical cases include failure to open or use the dedicated condominium bank account, failure to convene the assembly for approval of the annual statement, serious accounting failures, or non-transparent management of condominium resources. In these cases even a single co-owner can file a petition with the court, without having to wait for an assembly resolution.

• Failure to open or use the dedicated condominium bank account
• Failure to convene the assembly for approval of the annual financial statement
• Serious irregularities in bookkeeping
• Non-transparent management of condominium funds and expenses
• Failure to meet tax obligations that exposes the condominium to penalties

The consequences of removal for the outgoing manager

Once removal has been resolved by the assembly or ordered by the court, the outgoing property manager must hand over all documentation relating to the management of the condominium to the new manager or directly to the assembly, under the obligations set out in article 1129. The handover must happen quickly, to guarantee continuity of management, avoid gaps in accountability, and allow the new manager to continue ongoing obligations without interruption.

Resignation as an alternative to removal

The end of a mandate does not always come at the assembly's initiative: a property manager can also resign voluntarily, informing the co-owners of the decision. In this case the manager still remains bound to carry out urgent obligations, under the principle of continuing duty until a successor is appointed, precisely to avoid gaps in management that could harm the condominium in both ordinary and extraordinary administration of the common parts.

Appointment and removal of the property manager follow the same majorities, but removal for just cause can also come from the court at the request of a single co-owner.

Whether during an appointment or a possible handover, having orderly accounting documentation available makes everything simpler, both for the outgoing manager and for the incoming one. AmministraPro is built precisely for this, with ledgers, minutes and financial statements that are always accessible and traceable: the features dedicated to property management firms are described on the features page, while the available plans are illustrated on the pricing page.