Condominium arrears: what the administrator can do to recover them

Condominium arrears are among the most delicate situations an administrator has to handle: when an owner fails to pay their share, the common expenses remain uncovered and everyone else pays the price. The law leaves no room for inaction, because it imposes precise recovery duties on the administrator. Knowing the available tools, from friendly reminders to the injunction order, makes it possible to act in time and without exposure to liability.

What counts as condominium arrears

Arrears arise when an owner fails to pay the sums due under the approved financial statement or the allocation plan resolved by the meeting. The obligation stems from the approval of the allocation: from that moment the condominium's claim is certain, liquid and enforceable. The debt includes the principal and, if provided for by the regulation or resolved by the meeting, default interest and recovery costs.

The first step: the reminder

Before turning to legal action it is always best to send a written reminder, ideally by registered mail or PEC to have proof of receipt. The reminder states the amount due, the reason and a deadline for payment, and is often enough to settle the matter at no cost. Keeping a record of reminders also matters in view of any court action, because it documents the administrator's diligent conduct.

The injunction order under article 63

The main tool is the injunction order (decreto ingiuntivo) provided by article 63 of the provisions implementing the Civil Code. The administrator can obtain it without the meeting's authorisation, filing a petition with the court supported by the minutes approving the financial statement or the allocation plan and by the accounting register. The order is granted with a provisional enforcement clause, meaning it is immediately enforceable despite any opposition by the owner.

Once the order is obtained and served on the debtor, if payment still does not arrive the administrator can start enforcement. The typical measures are attachment of the bank account, salary or pension within the legal limits and, in the most serious cases, attachment of the owner's property. It is precisely the order's provisional enforcement that allows the administrator to proceed without waiting for the outcome of any opposition, shortening the recovery and reducing the chance that the claim becomes unrecoverable because other creditors step in.

The duty to act and the deadlines

The administrator must collect the contributions and is required to pursue the forced recovery of the sums due within six months of the close of the financial year in which the claim falls, unless the meeting expressly exempts them. Failing to act within the deadline can expose the administrator to liability towards the condominium for the loss caused by the failed recovery, for example the limitation of the claim or the debtor's later insolvency.

Suspension of common services

Where non-payment continues for six months, the administrator may suspend the owner in arrears from using the common services capable of separate enjoyment. These are typically services that can be interrupted without harming the other owners or the safety of the building. The measure must be assessed with care and cannot extend to essential services connected to the right to housing.

Dealing with suppliers and other owners

The condominium's creditors, such as suppliers, must first enforce their claims against the owners in arrears and only in case of insolvency may they turn to those who are up to date with payments, according to the split of the obligation. For this reason the administrator must disclose the details of the owners in arrears to creditors who request them. Orderly accounting is the premise for quickly identifying who has not paid and for what amounts.

Default interest and recovery costs

The owner in arrears does not owe only the principal. If the regulation provides for it or the meeting resolves it, default interest accrues on the unpaid sums, compensating the condominium for the delay in payment. To this are added the legal and out-of-pocket costs incurred for recovery, which the court normally places on the losing debtor. Precisely documenting the amount due, the due date and the ancillary items is therefore decisive to obtain a complete enforceable title and avoid leaving part of the claim on the other owners.

Preventing and managing arrears with software

Management software monitors the status of payments in real time, flags overdue instalments and automatically generates reminders and the documentation needed for the injunction order, such as the allocation extract and the individual owner's accounting position. Having the approval minutes and the accounting register always at hand shortens the recovery action and lets the administrator meet the statutory deadlines.

AmministraPro keeps condominium arrears under control with per-owner payment status, tracked reminders and documentation ready for debt recovery. You can see how it works on the features page or compare the plans in the pricing section.