Buying a Home: Check Condominium Arrears First

Anyone buying an apartment in a condominium should check the seller's past arrears before the deed, because the law exposes them to the risk of paying debts that are not theirs. Article 63 of the implementing provisions of the Italian Civil Code establishes that whoever succeeds to an owner's rights is jointly liable with them for the contributions of the current year and the previous one. The condominium may therefore ask the buyer for the charges unpaid in that two-year window. Checking the debt position and obtaining the manager's certificate is the most effective defence.

Two-Year Joint Liability Under Article 63

The second paragraph of Article 63 of the implementing provisions provides that whoever succeeds to an owner's rights is jointly liable with them for the payment of the contributions relating to the current year and the previous one. This means the buyer is answerable, toward the condominium, for the debts accrued in this time frame, while being able to seek reimbursement from the seller to recover what was paid. Older arrears, prior to the two-year window, remain the sole responsibility of the previous owner.

The Manager's Certificate

The main tool for learning the state of payments is the certificate provided for by Article 1130 no. 9 of the Italian Civil Code. On request from someone with a concrete interest, the manager issues a document stating the payment situation and any pending litigation relating to the unit. Before buying, it is good practice to ask the seller to obtain this certificate, which captures the apartment's debt position and flags any disputes.

• State of the unit's payments at the stated date
• Any overdue and unpaid instalments
• Pending litigation concerning the condominium or the unit
• Extraordinary expenses approved but not yet paid

What to Check Beyond Current Instalments

The check must not stop at ordinary instalments. It is important to ascertain whether the meeting has approved extraordinary works whose payment obligation has already arisen for the seller, and whether there are funds or reserves the unit must contribute to. It is also necessary to clarify the status of financial years not yet closed, because debit balances could emerge. A complete picture allows the buyer to negotiate the price or request guarantees.

• Resolutions on extraordinary works already approved and their payment status
• Open financial years that could generate balancing charges
• Injunctions or recovery proceedings pending on the unit
• Regularity of instalments in the two-year window relevant to joint liability

How to Protect Yourself at the Deed

Once the situation is known, the buyer can protect themselves in several ways. The most direct is to include in the contract a seller's declaration on the regularity of payments and a clause obliging them to settle any past arrears. Where debts exist, part of the price can be withheld until proof of payment, or it can be agreed that the seller clears the debt before or at the same time as the deed. It is also useful to verify that the seller notifies the sale to the manager, so as to close their own position.

The Buyer's Right of Reimbursement

If, despite precautions, the buyer is asked by the condominium for sums pertaining to the seller within the two-year window, they have the right to seek reimbursement from the latter to recover what was paid. The joint liability of Article 63 operates in the external relationship with the condominium, while in the internal relationship between the parties the debtor remains whoever accrued the expense. Reimbursement, however, takes time and may run into difficulty if the seller is no longer solvent: this is why prior verification remains the best route.

Verifying With Up-to-Date Data

For the manager, issuing clear and up-to-date certificates is a valuable service during a sale and reduces subsequent disputes. Management software such as AmministraPro lets you consult each unit's position in real time, generate the certificate on the state of payments and keep track of extraordinary resolutions and recovery proceedings. The accounting and debt-recovery features are described on the /funzioni page and the plans on /prezzi.