Appointing a Manager: Mandatory Beyond Eight Owners

Appointing a condominium manager is mandatory when there are more than eight owners. Article 1129, first paragraph, of the Italian Civil Code sets this rule: once the threshold is passed the owners' meeting must act, and if it does not, the appointment is made by the court on the petition of even a single owner. Below eight owners the appointment stays optional, though it can be decided at any time. The count is based on the holders of property rights over the units, not on the number of apartments.

The eight-owner threshold

The test is numerical and looks at heads, meaning the individual owners, not the units. A building with twelve apartments all owned by only two people stays below the threshold and has no duty to appoint a manager; conversely, a small building with nine distinct owners crosses the threshold even if the units are few. Where a single unit is jointly owned, case law tends to count the individual co-owners, because each holds an autonomous interest in managing the common property.

The rationale is practical: beyond a certain number of participants, informal management becomes a source of disputes and defaults, so the law requires a stable point of reference that represents the condominium and keeps the accounts.

When appointment stays optional

In condominiums with eight or fewer owners the appointment is not imposed by law. Without a manager, each participant may act to protect the common parts and decisions are taken at the meeting with ordinary majorities. Many small condominiums still choose to appoint a manager to have a single contact for suppliers, the bank and tax matters, to open the condominium bank account and to handle the instalments in an orderly way.

• Below eight owners: appointment possible but not mandatory, decided by the meeting.
• Above eight owners: mandatory appointment, with judicial intervention if the meeting is inactive.
• The number is calculated on the holders of property rights, not on the units.
• The mandate lasts one year and is deemed renewed for a further year, unless revoked or resigned.

Who calls the meeting for the appointment

In a newly formed condominium or one left without a manager, the meeting for the appointment may be called by any owner. No formal power is needed: standing derives from the shared interest in giving the condominium a representative. The agenda must clearly state the appointment, so that participants can assess candidates and financial terms. Article 1136 applies: on first call a majority of those present representing at least half of the building's value is required, on second call a majority of those present with at least one third of the thousandths (millesimi).

Judicial appointment when the meeting fails to act

Once the eight-owner threshold is passed, if the meeting does not appoint a manager, each owner may apply to the court by petition. The judge rules in chambers, through a non-contentious procedure, appointing a manager. The same remedy applies when a manager ceases and the meeting cannot replace them, leaving the condominium without representation. Judicial appointment is a closing mechanism of the system: it ensures the building always has a manager, even when the owners are inactive.

What the newly appointed manager must do

Once the appointment is accepted, the manager communicates their details and contact points, posts the information at the access point or place of greatest common use, opens or has the condominium bank account assigned to them, and takes over the documentation from the predecessor. They must also specify their fee analytically, a condition the law requires on penalty of nullity of the appointment. From the outset they are bound by the duties of Article 1130: keeping the condominium register of owners, the register of minutes, the register of appointments and revocations, and the accounting register.

Managing appointment and duties with software

Keeping track of the owner threshold, the annual expiry of the mandate and the appointment duties is easier with dedicated software. AmministraPro keeps the condominium register up to date, reminds you of mandate deadlines and gathers minutes, manager details and documents to hand over in one place. You can see the features on the /funzioni page and the available plans on /prezzi.