Usufruct in Condominium: Splitting Costs Between Owners

When an apartment is burdened at the same time by usufruct and bare ownership, condominium expenses are split between the two holders according to the nature of the work. As a general rule, the usufructuary, who enjoys the property, bears the expenses of ordinary administration and those linked to use and enjoyment, while the bare owner, who holds title, bears the expenses of extraordinary administration. Towards the condominium, however, both are jointly liable for the contributions, as set by Article 67 of the implementing provisions of the Italian Civil Code.

The notions of usufruct and bare ownership

Usufruct gives a person the right to enjoy another's property and to collect its fruits, with the duty to respect its economic purpose. The bare owner keeps title to the property, but without enjoyment, which will become full again when the usufruct ends. In the condominium this distinction is reflected both in the split of expenses and in the voting right at the meeting, which is divided between the two subjects depending on the matter.

Who pays ordinary expenses

The expenses of ordinary administration and those relating to the normal enjoyment of common things and services fall on the usufructuary, who uses the property and benefits from the services. This category typically includes:

• cleaning and lighting expenses for the common parts;
• consumption and ordinary maintenance of the heating system and the lift;
• the administrator's fee and current management costs;
• minor maintenance and repairs linked to daily use.

Who pays extraordinary expenses

The expenses of extraordinary administration, such as renovation works, roof rebuilding, structural reinforcement or the full replacement of a system, fall on the bare owner, since they concern the preservation of the property in its substance and not mere enjoyment. The distinction between ordinary and extraordinary administration is not always easy and must be assessed case by case, looking at the nature of the work and not only at its amount. Improvements resolved by the meeting follow the logic of extraordinariness and involve the bare owner.

Joint liability towards the condominium

The internal split between the usufructuary and the bare owner concerns the relations between them, but does not bind the condominium. Article 67 states that the bare owner and the usufructuary are jointly liable for the payment of the contributions owed to the condominium administration. The condominium can therefore demand the entire amount from either of them, who will then settle the position internally with the other according to the nature of the expense. This joint liability protects the condominium, which does not need to investigate the internal split to collect the shares.

The divided voting right

Article 67 also governs voting. The usufructuary exercises the voting right on resolutions relating to ordinary administration and the simple enjoyment of common things and services. For other resolutions, in particular those on improvements and extraordinary administration works, the vote belongs to the bare owner. In both cases the notice of meeting must be communicated to both the usufructuary and the bare owner, so that each can take part in the decisions within their competence.

Managing positions precisely

The coexistence of usufruct and bare ownership requires careful handling of instalments, notices and the split between ordinary and extraordinary expenses. With AmministraPro the administrator records both the usufructuary and the bare owner on each unit, directs notices correctly by matter and distinguishes expenses by their nature, making correct allocation easier. You can see how register, allocations and meetings are managed at /funzioni, while the plans for the practice are at /prezzi.