When a condominium comes into being: formation and requirements

Understanding when a condominium comes into being is the first step to knowing which rules apply to a building and which duties fall on the owners. Unlike a company or an association, a condominium requires no formal deed of formation: it is created automatically the moment its preconditions occur. From that instant the Italian Civil Code rules on condominiums take effect, binding even those who have signed nothing and called no meeting.

The automatic formation of the condominium

A condominium comes into being when a building that belonged to a single owner is divided and the various units pass to different persons. The moment at least two units have distinct owners and common parts coexist, the condominium exists simply because the preconditions are met. No contract, resolution or registration is needed: formation is immediate and its consequences are binding. The typical case is the builder or sole owner who sells the first unit to a third party: from that deed the building stops being a solitary property and becomes a condominium, with common parts to manage and rules to follow. The same effect is produced by an inheritance division that assigns the units to different heirs.

The three fundamental requirements

For a condominium to exist, three conditions must coexist.

• Plurality of owners: at least two persons must own different units in the same building.
• Autonomy of the units: each unit must be the object of distinct ownership and usable independently.
• Existence of common parts: there must be shared spaces, structures or systems, needed for the use or the very existence of the building.

If one of these elements is missing there is no condominium. A building with a single owner, however large, remains an individual property until it is divided among several owners.

The minimum condominium

The condominium rules also apply when there are only two owners. This is called a minimum condominium, to which the Civil Code rules on management, expenses and meetings extend, with the adjustments made necessary by the small number of participants. A minimum condominium is a condominium to all effects: the presence of only two owners does not exempt it from the common duties. Case law has clarified that the rules on the meeting and on majorities also apply to a building with only two owners, with the necessary adjustments when the two cannot reach an agreement and must turn to the court.

Article 1117 and the common parts

Article 1117 of the Civil Code lists the parts of the building presumed to be common, unless a deed of title provides otherwise. These include the ground on which the building stands, the foundations, the main walls, the roofs and flat roofs, the stairs, the entrance doors, the courtyards, the passageways and the areas used for transit, as well as the systems and services serving common use. This presumption of joint ownership is the heart of condominium life: it defines what belongs to everyone and must be managed and shared together.

The duties that start at birth

A series of obligations flows from the birth of the condominium. The condominium must obtain a tax code, open a dedicated bank account when it manages common funds and keep accounts of the expenses. Appointing an administrator becomes mandatory when there are more than eight owners, under article 1129 of the Civil Code; below this threshold the appointment is optional, but management of the common parts is still required. The condominium regulation is mandatory when there are more than ten owners.

Why the date of birth matters

Pinpointing the exact moment the condominium came into being is not a theoretical detail. From that date the accounting and management duties run, it determines who was the owner at the time of a given expense, and it establishes from when the common parts must be administered under the condominium rules. Correctly reconstructing the birth of the condominium is especially useful in buildings divided at different times or that have passed through several sales. It also helps to tell the condominium apart from the super-condominium, which arises when several autonomous buildings share common systems or services, and from ordinary co-ownership, which lacks the coexistence between exclusive properties and common parts typical of the condominium.

Managing the condominium from birth with management software

Condominium management software lets you set up from the outset the building's register, the millesimal tables and the list of owners and units, so that accounting and compliance start on correct foundations from the first financial year. Having an orderly data structure simplifies every later step, from expense allocation to calling meetings.

AmministraPro lets you configure a new condominium with its register, units and millesimal tables, ready for accounting management and meetings. You can see how it works on the features page or compare the plans in the pricing section.