Collecting Condominium Contributions: the Article 63 Duty

Collecting condominium contributions is a duty of the manager, not a discretionary option. Article 1130, no. 3 of the Italian Civil Code requires the manager to collect contributions and pay the expenses needed for ordinary maintenance of common parts and for the operation of services. When an owner fails to pay, the manager must take action to recover the debt: Article 63 of the implementing provisions allows obtaining an immediately enforceable injunction decree without the meeting's authorization.

Why collection is a duty and not a choice

The manager acts as agent of the owners and must handle common funds with the diligence required by the mandate. Letting arrears grow without intervening jeopardizes the condominium's cash flow, timely payments to suppliers and, ultimately, the preservation of common parts. This is why inaction in collection is regarded as a serious irregularity, which can lead to the judicial removal provided by Article 1129 of the Civil Code and to liability for damage caused by delay.

The duty does not arise at the manager's discretion: it emerges when the default becomes real and persistent. An owner who misses an instalment must be reminded promptly; if the default continues, legal action becomes a required step to protect the collective interest.

The immediately enforceable injunction decree

Article 63 of the implementing provisions of the Civil Code is the central tool. On the basis of the allocation statement approved by the meeting, the manager can obtain from the judge an immediately enforceable injunction decree, despite any opposition by the debtor. This means the condominium can proceed with enforcement even before any opposition proceedings conclude, a significant advantage over ordinary claims.

The prerequisite is the meeting's resolution approving the allocation: that document establishes the certainty, liquidity and enforceability of the claim. Hence the importance of complete minutes and clear allocation plans, since the entire recovery action rests on them.

Communicating defaulters' data to creditors

Article 63 also provides that the manager must communicate to unpaid creditors who request it the details of defaulting owners. This mechanism protects suppliers: the law states that the condominium's creditors cannot act against owners who are up to date with payments except after enforcing against the other owners. Communicating the names of defaulters therefore allows the supplier to turn directly to those who have not paid, without affecting those who are current.

Suspension of common services

A further tool is the suspension from the enjoyment of common services capable of separate use. Article 63 allows the manager, where default in the payment of contributions has lasted six months, to suspend the defaulting owner from the use of such services. The measure concerns services that can be interrupted without harming the other owners and without affecting primary rights: the assessment must be carried out carefully and in line with the principles established by case law.

• Prompt reminder at the first missed payment
• Injunction decree under Article 63 based on the approved allocation
• Communication of defaulters' data to creditors who request it
• Suspension of separable services after six months of default
• Possible enforced execution against the debtor's assets

The duty to act within a reasonable time

The rules push the manager to act promptly. In governing relations with the condominium, the law values the timeliness of recovery action as a sign of proper management. Postponing the start of the procedure and allowing large exposures to build up not only worsens the condominium's position but can turn against the manager during reporting and any litigation. Documenting reminders, formal notices and judicial steps is therefore essential to prove compliance with the collection duty.

Keeping arrears and deadlines under control

When managing several buildings, the greatest risk is losing track of who has not paid and for how long. An always up to date view of overdue instalments, with the age of the arrears and the status of actions taken, is the basis for meeting the collection duty without oversights. With AmministraPro the manager can monitor debt positions in real time, generate reminders and link each recovery case to the relevant owner and allocation; an overview of the features is available on /funzioni, while the plans to manage portfolios of different sizes are described on /prezzi.