Partial dissolution of the condominium: Article 62

Dissolution of a condominium need not be total. Article 62 of the implementing provisions of the Italian Civil Code allows some blocks to separate and form autonomous condominiums even if some of the assets listed in Article 1117 remain common with the original participants. In this way the ordinary management of each building becomes independent, but assets that by nature or function cannot be divided keep serving everyone, with expenses shared among those who benefit.

Why dissolution can be partial

Article 62 provides that the rule in the first paragraph of Article 61 applies even if some of the common assets remain common with the original participants. It is the practical recognition that in real estate complexes not everything is divisible. Blocks may have their own accesses, stairs and systems, yet share a driveway, an electrical substation, a sewer system or a green area serving the whole precinct. Forcing separation of these assets too would be unreasonable and often impossible.

Partial dissolution therefore produces a two-level structure: autonomous condominiums for the daily life of each building, and shared management, usually structured as a super-condominium, for the assets that remain common to several buildings.

Which assets can remain common

Typically, after partial dissolution, the assets serving the entire precinct rather than a single building remain common. The following elements are often subject to shared management.

• Internal driveways and roads accessing the complex
• Areas for common parking and manoeuvring courtyards
• Sewer, water or lighting systems serving all the blocks
• Electrical substations, plants or wells that cannot be divided
• Common green areas and perimeter fencing of the precinct

Sharing the expenses of residual assets

For assets that remain common the benefit principle applies: expenses are shared among the owners or autonomous condominiums that benefit, in proportion to the relevant values. When an asset serves only one group of buildings, only that group contributes, following the logic of Article 1123, third paragraph, of the Civil Code, which assigns maintenance costs to the group using the common part. For these residual assets it is useful to prepare a dedicated millesimi table, distinct from those of the individual condominiums.

Management of residual assets follows super-condominium rules: for decisions on ordinary administration and maintenance of services common to several buildings, each condominium takes part through its own representative when the structure requires it. More significant decisions instead return to the meetings of the individual condominiums concerned.

How partial dissolution is resolved

The procedure mirrors that of full dissolution. A resolution of the owners' meeting is needed, with the majority of the second paragraph of Article 1136, that is a majority of those present representing at least half the value of the building. Failing agreement, dissolution can be requested from the judicial authority by at least one third of the co-owners of the part intending to separate. Proof of the functional autonomy of the separating buildings remains essential, while residual common assets do not hinder separation precisely by virtue of Article 62.

Obligations after separation

Each new autonomous condominium must obtain a tax code and a dedicated bank account and, once the legal thresholds are exceeded, an administrator and a regulation. The fate of residual common assets must then be defined precisely: who administers them, with which table expenses are shared, how meetings for related decisions are called. A clear map of what became autonomous and what remained common avoids future disputes over expenses.

Distinguishing the autonomous expenses of each building from those of shared residual assets is easier with accounting that manages several condominiums and their higher-level common parts together. With AmministraPro the administrator sets up the autonomous condominiums and the higher-level structure for residual assets, with dedicated tables and transparent allocations. Features for super-condominiums and multiple management are described on the /funzioni page and the plans on the /prezzi page.