Prorogatio: The Powers of the Outgoing Manager

On expiry of the mandate or after resignation, the manager does not immediately lose all powers: they stay in office under prorogatio, an extension of powers, until a new manager is appointed. The rule, developed by case law on the model of collegial bodies, prevents the condominium from being left without representation during the transition. The powers of a manager in prorogatio, however, are not full: they narrow to acts of ordinary administration and to urgent, non-deferrable ones.

What prorogatio imperii is

Prorogatio is the principle whereby a body whose term has ended keeps exercising its functions until the successor takes office, so as not to leave a gap in management. Applied to the condominium, it means the manager whose term has expired, or who has resigned, stays operational for the time needed to appoint their replacement. This is not an extension of the mandate, but a limited stay of office functional to continuity.

Which acts they may still carry out

Under prorogatio the manager may carry out the acts that ensure the normal management of the condominium and those that cannot be postponed without harm. In particular:

• paying utilities, staff wages and suppliers of ongoing services;
• collecting the condominium instalments due;
• arranging urgent works for safety or to avoid damage to the common parts;
• calling the meeting to appoint the new manager;
• fulfilling non-deferrable legal duties.

Acts of extraordinary administration and non-urgent initiatives are excluded, being for the new manager or requiring a resolution of the meeting.

The limits of prorogatio

The stay of office is temporary and instrumental. A manager in prorogatio cannot take decisions that bind the condominium for a long time, start non-urgent extraordinary works or change the management structure. Using powers beyond these limits exposes the manager to liability and their initiatives may be challenged. Prorogatio serves to carry the condominium to the new appointment, not to effectively prolong a mandate that was not renewed.

The handover

When the new manager takes office, the outgoing one must promptly hand over all the condominium's documentation and the available funds. The law requires the return of the documentation in their possession and cooperation with the transition. Prorogatio does not justify withholding documents or money: on the contrary, the duty to hand over promptly serves to let the successor operate. An orderly handover reduces disputes and liability.

Prorogatio and revocation

Prorogatio concerns the ordinary termination through expiry or resignation. The case of a manager revoked for serious irregularities is different: here the stay is even more limited, because the relationship of trust has broken down. In that case the manager may carry out only strictly urgent acts until the transition, and must hand over management as soon as possible to the new appointee or to the manager designated by the judge.

Managing the transition smoothly

The transition phase is delicate: registers to hand over, movements to close, deadlines to meet. Software makes the transition smoother, because it keeps documentation in order and lets you transfer data and the accounting position clearly. AmministraPro helps both the outgoing and incoming manager handle continuity and the handover. The features are on /funzioni and the plans on /prezzi.