Dissolving a Condominium: the Meeting and Articles 61 and 62

A condominium can be dissolved when the group of buildings that make it up can be divided into parts having the characteristics of autonomous buildings. This is provided by Articles 61 and 62 of the implementing provisions of the Italian Civil Code: dissolution is resolved by the meeting with the majority set out in Article 1136, second paragraph, or ordered by the judicial authority on application of at least one third of the co-owners of the part to be separated. Assets that remain common to all continue to be managed jointly even after the division.

When dissolution is possible

The requirement is objective: the complex must be capable of being divided into parts that have the characteristics of autonomous buildings. Typically this involves a condominium formed around several distinct buildings, each with its own entrance, staircase and systems, which over time have proved independent. The owners' wishes are not enough: without the structural autonomy of the building blocks dissolution is not allowed, because essential indivisible parts would remain in common.

The meeting resolution under Article 61

Article 61 allows dissolution by a resolution of the meeting taken with the majority of Article 1136, second paragraph, that is the majority of those present representing at least half the building's value. This is the same majority required for many significant management decisions. The resolution must clearly identify the parts that become autonomous condominiums and those that remain in common, so as not to create uncertainty over ownership and future expenses.

The judicial route

When the meeting majority is lacking, dissolution may be ordered by the judicial authority on application of at least one third of the co-owners of the part whose separation is sought. This route protects the owners of buildings that meet the autonomy requirements but cannot obtain the resolution, for example because the owners of the other building blocks object. The court checks the objective requirements and orders the division.

• Objective requirement: parts with the characteristics of autonomous buildings
• Meeting route: resolution with the majority of Article 1136, second paragraph
• Judicial route: application of at least one third of the co-owners of the part to be separated
• Assets that remain common to all continue in co-ownership even after dissolution

Residual common assets

Dissolution does not necessarily eliminate every form of sharing. Article 62 makes clear that, where some parts remain common with the original participants, such as the access road, a centralised system or the courtyard, these continue to be managed jointly. In many cases a supercondominium structure thus arises among the new autonomous condominiums for the management of the residual assets, with its own meeting and tables. Partial dissolution is therefore common: it separates internal management but preserves co-ownership of the genuinely common assets.

Formalities after the division

After dissolution each new autonomous condominium must organise itself: appoint a manager where compulsory, adopt its own rules and tables, open a dedicated bank account and split existing balances and funds in proportion to the thousandths. An orderly accounting closure of the original condominium is essential, allocating to each part its share of receivables, payables and funds. Systems and current contracts must also be split or transferred among the new condominiums.

Mistakes to avoid

A poorly managed dissolution generates lasting disputes. The most frequent mistakes are resolving without checking structural autonomy, leaving the parts that remain common undefined, failing to close the original condominium's accounts transparently and neglecting the split of set-aside funds. A clear resolution, accompanied by a technical report on the buildings' autonomy and a closing statement of accounts, significantly reduces the risk of litigation among the new condominiums.

Splitting a condominium means separating ownership records, tables, contracts and accounting balances without losing traceability. AmministraPro lets you manage several linked condominiums and split funds and balances in a documented way during dissolution: the features are described on the /funzioni page and the plans, suited also to those managing several buildings, can be compared on the /prezzi page.