Judicial Revocation of the Manager: Serious Irregularities

Judicial revocation of the manager can be requested by any owner from the court when the manager fails to render the accounts of the management or when serious irregularities occur. Article 1129 of the Italian Civil Code provides for this, listing a series of typical cases and entrusting the decision to a non-contentious procedure in chambers. Judicial revocation differs from revocation by the meeting: it steps in when the meeting fails to act or when the majority shields a defaulting manager, and it protects the minority of owners.

Who can seek revocation and from whom

Standing belongs to each owner, even to a single one, regardless of the thousandths (millesimi) held. No prior resolution of the meeting is required. The petition is filed with the court of the place where the condominium is located. The procedure is non-contentious: the judge hears the parties and decides by reasoned decree, against which a complaint is allowed. Judicial revocation is possible even if the meeting has recently confirmed the manager, because confirmation does not cure serious irregularities already committed.

The serious irregularities listed by law

Article 1129 expressly identifies certain conducts that amount to serious irregularity and justify judicial revocation. Among the main ones:

• Failure to call the meeting to approve the accounts, or the repeated refusal to call it.
• Failure to carry out judicial and administrative measures or resolutions of the meeting.
• Failure to open or use the condominium bank account held in the condominium's name.
• Management that may create confusion between the condominium's assets and those of the manager or of other condominiums.
• Having consented, for an unsatisfied claim, to the cancellation of formalities registered on the properties to protect the condominium's rights.
• Failure, in the event of disputes, to communicate the necessary information and to inform the meeting.
• Failure to keep, or irregular keeping of, the accounting register and the other mandatory registers.

The list is not rigidly exhaustive: case law also includes conducts that, by their gravity, affect the relationship of trust, such as repeated lack of accounting transparency or misappropriation of the condominium's funds, which may also involve criminal aspects.

Failure to render the accounts

An independent ground for revocation is failure to render the accounts of the management. The manager must render the accounts annually and, in any case, upon termination of the mandate. If they do not draw up the statement, do not submit it to the meeting, or refuse to hand over accounting documents to owners who request them, the individual participant may act before the judge without waiting for a decision by the meeting.

The procedure before the court

The petition must set out the facts amounting to serious irregularity and, where possible, attach the documents that prove them. The court, sitting in panel or as a single judge depending on the case, sets a hearing, hears the manager and the interested owners, and decides. If it upholds the petition, it orders the revocation and may appoint a new manager. The judicial revocation ruling takes immediate effect and the revoked manager can no longer carry out management acts, except urgent ones until the handover.

Consequences of revocation

A manager revoked for serious irregularities must hand over all documentation and the condominium's funds to the successor. Revocation for just cause exposes them to compensation for damage caused by their conduct and may bar new appointments in that condominium. No residual fee is due for activity not performed after the revocation. Before acting, it is good practice to gather documentary proof of the irregularities, because the judge assesses concrete facts and not mere dissatisfaction with the management.

Preventing irregularities with transparent management

Many disputes arise from unclear accounts, outdated registers or late statements. Management software helps the manager comply with the duties of Articles 1129 and 1130: AmministraPro keeps the accounting register in order, tracks movements on the condominium account and lets you produce the statement and make it available to the owners. The features are described on /funzioni and the plans on /prezzi.