Authorising the manager to act in legal proceedings

The manager's power of representation

Article 1131 of the Italian Civil Code confers on the manager the representation of the participants in the condominium. Within the limits of the powers indicated by Article 1130 or of the wider powers conferred by the regulation or the meeting, the manager can litigate both against the owners and against third parties, and can be sued for any action concerning the common parts. This means that, for the matters within his competence, no specific authorisation is needed for each individual case.

The power has a boundary, however. When the dispute exceeds his ordinary powers, the manager cannot act or defend on his own initiative, but must be authorised by the meeting. The distinction between what falls within and what exceeds his powers is not always immediate and must be assessed case by case, taking into account the subject, the nature of the dispute and the powers granted by the regulation.

When authorisation is needed and when it is not

Typically within ordinary powers, and therefore not requiring authorisation, are actions to collect contributions based on approved allocation statements, defence in disputes relating to the preservation of common parts, and activities instrumental to the duties the law assigns to the manager. In these cases the manager acts or defends autonomously.

The meeting's authorisation is needed instead for disputes that exceed ordinary management: think of controversies of particular economic significance, challenges or actions affecting the owners' choices on the merits, the decision to appeal in non-ordinary matters. When in doubt, obtaining the resolution anyway is the more prudent choice, because it cures at the root any possible objection about standing and shields the manager from liability for an unauthorised initiative.

The content of the authorising resolution

The resolution authorising the manager to litigate should be clear and complete. It should state the subject of the dispute, the counterparty, the type of action to bring or resist and the instance. A generic resolution risks not covering the concrete initiative, while an overly restrictive one may force a return to the meeting at every procedural development.

It is useful to coordinate the authorisation with conferring the mandate on the lawyer and, if possible, with approval of the related cost estimate. In this way the same meeting decides both to act and by what means and at what cost, making the choice transparent and complete. Checking the quorum required for the resolution is a step not to overlook, because a defect in the formation of the meeting's will affects the validity of the authorisation.

Documenting the power and managing ratification

The minutes containing the authorisation are a key document of the case file: they show that the manager acts with the necessary power. Keeping them in order, together with the resolution and the mandate to the lawyer, makes it possible to respond promptly to any objections about standing raised by the other party.

It may happen that the need for authorisation emerges only during the case. In these cases the meeting can intervene with a ratification, which validates the manager's conduct. Managing the convocation and resolution in good time prevents the dispute from stalling over a formal defect. A management platform such as AmministraPro helps organise convocations, minutes and case documents, keeping communications to the owners traceable, so that the power to litigate is always documented. The features dedicated to meetings and documents are described on the /funzioni and /prezzi pages.

Frequently asked questions