Mandatory Manager Appointment Beyond Eight Owners

When there are more than eight owners, appointing a manager becomes mandatory by law. This is set out in Article 1129 of the Italian Civil Code, which requires the appointment once that threshold is passed and provides that, if the meeting fails to act, any owner may apply to the judicial authority to appoint the manager. The rationale is clear: beyond a certain number of participants informal management becomes a source of conflict, and the manager ensures accounting order, representation and continuity.

How the eight-owner threshold is counted

The threshold refers to the number of owners, not the number of property units. If a single party owns several flats, they count as a single owner for the threshold; conversely a co-owned unit is attributable to several owners. The obligation is triggered when there are more than eight owners, that is from nine upwards. Up to eight the appointment is optional and the participants may manage the condominium directly, while remaining bound by the common obligations.

The appointment resolution at the meeting

The appointment falls to the meeting. The resolution requires, on the first call, the majority of those present representing at least half the building's value; on the second call the majority of those present with at least one third of the value. The same majority applies to removal. On appointment the manager must provide their details, state the fee in itemised form on pain of nullity of the appointment, and communicate where the registers are kept, so that owners can carry out checks.

• The obligation to appoint arises with more than eight owners, that is from nine
• The threshold is calculated on owners, not on property units
• The appointment resolution follows the majorities of Article 1136 referred to by Article 1129
• The fee must be stated in itemised form, otherwise the appointment is null

Term and renewal of the mandate

The manager's mandate lasts one year and is deemed renewed for an equal term, save for removal or resignation. On expiry the meeting confirms or replaces the professional with the same majorities as for appointment. The transparency obligations on the fee and on communicating the details apply at renewal too. Prorogatio allows the outgoing manager to carry out urgent acts until the successor is appointed, so as not to leave the condominium without representation.

If the meeting does not appoint

When the meeting, though obliged, fails to appoint the manager, the law offers a direct remedy: any owner may apply to the judicial authority, which makes the appointment. This is useful also when the meeting is repeatedly inquorate or when a majority owner blocks the choice. A judicial appointment has the same effects as a meeting appointment, and the manager so appointed holds office under the ordinary rules.

Immediate duties after appointment

As soon as appointed, the manager must begin the formalities that Article 1129 and other rules impose, to ensure management transparency.

• Open or use the bank account in the condominium's name through which all sums must pass
• Keep the mandatory registers of ownership records, minutes, appointments and accounts
• Communicate their details and where the registers are kept
• Render the annual account and present the report to the meeting

Why the threshold protects everyone

The obligation to appoint beyond eight owners is not a formality: it ensures that common money passes through a dedicated account, that the registers are kept in an orderly way and that there is someone responsible towards third parties and towards the owners. It is a safeguard for both the majority and the minority, because it removes management from the whim of a single party and anchors it to verifiable rules.

A newly appointed manager needs to set up the account, registers and report in a compliant way straight away. AmministraPro brings ownership records, accounts, minutes and mandatory registers together in a single traceable environment, useful from the first mandate: the features are described on the /funzioni page and the plans can be compared on the /prezzi page.