Bare ownership and usufruct: who pays condominium expenses

Selling the bare ownership of a property, or selling it while reserving the usufruct, creates two distinct figures over the same unit: the bare owner and the usufructuary. Condominium expenses are split between them according to criteria set by the Italian Civil Code, which distinguishes between ordinary maintenance and enjoyment expenses, borne by the usufructuary, and extraordinary expenses, borne by the bare owner. Knowing this split is essential both for whoever buys the bare ownership and for whoever remains usufructuary. Let us look at it in detail.

Two rights over the same unit

With the sale of the bare ownership, the seller transfers ownership but retains the usufruct, that is, the right to enjoy the property and receive its fruits. The buyer becomes the bare owner: they own the asset but cannot use it while the usufruct lasts. When the usufruct ends, usually on the usufructuary's death, full ownership reconsolidates in the bare owner without the need for a new deed.

This structure is reflected in condominium expenses, because whoever enjoys the asset and whoever retains ownership have different responsibilities toward the condominium and between themselves.

Expenses borne by the usufructuary

Under the Italian Civil Code principles on usufruct, the usufructuary bears the expenses and charges relating to custody, administration and ordinary maintenance, as well as the costs of enjoying the asset. In the condominium context this typically includes the ordinary management expenses and the consumption tied to using the property.

• Ordinary maintenance expenses of the common parts
• Management and operating costs of the condominium services
• Consumption tied to using the property, such as stair cleaning
• Charges for running the lift and systems in current use

The usufructuary, enjoying the asset, therefore contributes to the expenses that ensure the preservation and everyday usability of the common parts.

Expenses borne by the bare owner

The bare owner, instead, bears the extraordinary expenses, those that affect the substance and value of the asset. In the condominium this category includes extraordinary maintenance interventions and improvements approved by the owners' meeting, such as redoing the roof or the facade or refurbishing the systems.

The distinction between ordinary and extraordinary is not always clear-cut and must be assessed case by case, looking at the nature of the intervention. In case of doubt, reading the meeting resolution and the budget helps to classify the expense and attribute it correctly.

Joint liability to the condominium

Toward the condominium, the law provides that bare owner and usufructuary are jointly liable for the contributions. This means the condominium can claim the whole from either of them, subject to their right to settle the internal relationship according to the split between ordinary and extraordinary expenses. Joint liability protects the condominium, which need not investigate the internal nature of each expense in order to collect.

Between the parties, instead, each bears their own category of expenses. Whoever pays more than their share can seek recourse against the other for the part due by them.

Who votes at the owners' meeting

The right to vote at the meeting follows the split of expenses. In general, the usufructuary votes on matters concerning ordinary administration and the simple enjoyment of common things and services, while the bare owner votes on resolutions regarding extraordinary maintenance and improvements. Meeting notices too must be addressed to the competent party based on the type of decision.

Communicating to the manager the existence of the usufruct and the details of both figures is indispensable for correct handling of notices and voting.

What to communicate to the manager

After the sale of the bare ownership, the manager must be told that a usufruct and a bare ownership burden the unit, with the particulars of both. The condominium register must record the real situation, so that ordinary and extraordinary installments and notices reach the right party. An incomplete communication generates errors in allocation and voting.

Managing usufruct and bare ownership without errors

Managing a unit with usufruct and bare ownership requires distinguishing ordinary from extraordinary expenses and directing installments, notices and voting to the correct parties. A register that records both figures and accounting that separates the expense categories make this distinction automatic.

AmministraPro lets you record the usufructuary and the bare owner in the register, separates ordinary from extraordinary expenses and directs installments and notices to the competent party, reducing allocation errors. The features are described on the /funzioni page, while the available plans are listed on /prezzi.