Withholding the Fee from the Account: When It Is Lawful

A manager may withhold their fee from the condominium account only if that fee has been determined and approved in advance, and if the withdrawal is traceable and reported in the accounts. Drawing sums for a fee that was never resolved, in an amount greater than agreed, or without recording it in the statement, exposes the manager to the risk of embezzlement. The line between lawful self-payment and a crime turns on the existence of an entitlement, on the match between the sum withdrawn and the amount owed, and on the transparency of the operation.

The fee must be determined and approved

The manager's fee must be specified when the assignment is accepted, on pain of nullity of the appointment under Article 1129 of the Italian Civil Code, which requires an itemised statement of the consideration for the work performed. Without a clearly determined fee accepted by the owners' meeting, the manager has no entitlement to draw it from the account. Self-payment presupposes a right that already exists and is quantified: it cannot rest on a unilateral claim.

Beware of a common misunderstanding: approval of the annual statement does not, in itself, amount to recognition of the fee if the fee was not agreed in advance. The meeting that approves the statement assesses the management, but it does not cure the absence of an entitlement to the consideration.

The lawful withdrawal: conditions

When the fee has been duly determined and approved, a manager who draws it from the condominium account commits no wrong: they are collecting a certain, liquid, and due claim against the condominium. The same applies to reimbursement of advances actually borne and documented. Criminal case law has clarified that someone who takes reimbursement of sums truly advanced on the condominium's behalf does not commit embezzlement, because there is no conversion of possession for unlawful personal ends.

• A resolution or agreement exists that quantifies the fee
• The sum withdrawn matches the amount owed, with no excess
• The withdrawal is traceable and passes through the dedicated account
• The operation is reported transparently in the statement

When embezzlement arises

The crime of embezzlement arises when the manager disposes of the condominium's money as if it were their own, for purposes outside the mandate. Typical cases are drawing a fee never resolved, an amount inflated beyond what was agreed, using one condominium's funds to cover the liabilities of another managed by the same person, and reimbursing advances never borne or not proved. In these cases the lawful possession of the money, received for the management, turns into appropriation for personal ends.

Case law places the completion of the crime at the moment of the final management report, because that is when the sums earmarked for the condominium's needs are clearly distinguished from the others and the failure to return them becomes evident. This does not mean earlier conduct is irrelevant, but that the moment of completion crystallises at the rendering of accounts.

The prudent solution: ask, do not withdraw

Even where the withdrawal would in the abstract be lawful, the safest practice is to formalise the creditor position and request payment, rather than pay oneself. Bringing the accrued fee and the detail of advances to the meeting, having them approved, and then collecting from the account removes any margin for dispute. Silent self-payment, however justified on the merits, fuels suspicion and opens litigation that transparent management avoids.

Good practices for the manager

• Agree the fee in itemised form when appointed
• Never withdraw amounts not resolved or not documented
• Clearly distinguish fee, reimbursement of advances, and running expenses
• Report every withdrawal in the statement with a clear purpose
• Never use one condominium's funds for another

The role of accounting traceability

The difference between a lawful withdrawal and a contestable one almost always lies in the traceability and clarity of the entry. Software that links every movement to a purpose, separates fee and reimbursements, and produces an orderly statement shields the manager from misunderstandings. AmministraPro records every outflow in a traceable and transparent way, keeping fee and advance items apart: to see the accounting control tools, consult the /funzioni page, while plans are described on the /prezzi page.