Practical guide
How to manage shared common assets in a supercondominium
In a supercondominium the shared common assets, a courtyard, an access driveway, a central system, a green area or a technical room, are what holds together several otherwise independent buildings. Managing them well means identifying them precisely, caring for their ordinary and extraordinary maintenance, regulating their use among the buildings and allocating liability correctly. Article 1117 bis of the Italian Civil Code extends condominium rules to these arrangements, starting with Article 1117 on the identification of common parts. This guide explains step by step how to set up orderly management of the shared assets, avoiding the most common disputes between buildings.
Step 1: identify the common assets precisely
The first step is to establish clearly which assets are actually common to several buildings and to which buildings. Article 1117 of the Italian Civil Code lists common parts by way of example, but in a supercondominium the identification must be anchored to the title deeds, the conveyances and any regulations: an asset may be common to all buildings, or only to some.
A recurring mistake is to assume that an asset is jointly owned without verifying its title. Before setting up management it is worth drawing up a list of the shared assets indicating which buildings each one serves, because both the allocation criteria and the rights of use and vote depend on this.
Step 2: plan ordinary and extraordinary maintenance
Maintenance of the shared common assets is among the supercondominium's management tasks. Ordinary maintenance falls within the manager's powers under Article 1130 of the Italian Civil Code, while significant extraordinary maintenance works must be resolved by the meeting and may require setting up a special fund under Article 1135.
- Schedule ordinary maintenance of the common systems and areas, keeping a register of works and deadlines
- Bring extraordinary works to the meeting, with quotes and clear allocation criteria among the buildings
- Set up, where required, the special fund for extraordinary works equal to the amount of the works, as required by Article 1135
- Keep the technical documentation and certifications of the shared systems, also useful for safety checks
Step 3: regulate the use of common assets among the buildings
The use of common assets is governed by Article 1102 of the Italian Civil Code: each participant may use them provided they do not alter their purpose and do not prevent the others from making equal use. In a supercondominium, where users belong to different buildings, it is useful for the regulations to set shared rules of use, for example for common parking areas, green areas or technical rooms.
Rules of use prevent the typical conflicts between buildings, such as the exclusive occupation of common spaces by the owners of a single building. Where use is potentially conflicting, it is best to define objective criteria and, if necessary, rotations, so that no building prevails over the others.
Step 4: allocate liability correctly
Managing common assets entails liability, including liability for damage caused by assets in custody under Article 2051 of the Italian Civil Code. In a supercondominium it is important to be clear who has the custody and maintenance of each shared asset, so as to correctly identify liability in the event of damage to third parties or to the participants themselves.
Orderly documentation of maintenance works and periodic checks is not only good administration: it is proof that the manager has fulfilled the custody obligations, a decisive element in any dispute.
Step 5: keep orderly document management
Identification of assets, maintenance contracts, minutes of resolutions on works, system certifications, register of deadlines: the volume of documents in a supercondominium with several shared assets is considerable. Keeping everything orderly and accessible is the condition for effective management and for responding promptly to requests from the participating buildings.
Management software such as AmministraPro lets you catalogue the shared common assets, schedule maintenance with deadline trackers, archive contracts and certifications and link each work to the related resolutions and expenses. The features for property and maintenance management are described on the /funzioni page, while the plans are listed on /prezzi.
Frequently asked questions
How do you establish which assets are common in a supercondominium?
Identification must be anchored to the title deeds, the conveyances and any regulations, not just to the illustrative list in Article 1117 of the Italian Civil Code. In a supercondominium an asset may be common to all buildings or only to some: this is why it is worth drawing up a list of the shared assets indicating which buildings each one serves. The expense allocation criteria, the rights of use and the participation in the vote on related works all depend on this identification.
Who decides on works to the shared common assets?
Ordinary maintenance falls within the manager's powers under Article 1130 of the Italian Civil Code, while significant extraordinary maintenance works must be resolved by the meeting. For extraordinary works Article 1135 may require setting up a special fund equal to the amount of the works. In a supercondominium the resolution follows the meeting rules, with the participation of the building representatives for ordinary management or of all owners for works affecting their rights.
How do you regulate the use of a courtyard or parking area shared by several buildings?
The use of common assets is governed by Article 1102 of the Italian Civil Code: each participant may use them provided they do not alter their purpose and do not prevent the others from making equal use. Since in a supercondominium users belong to different buildings, it is useful for the regulations to set shared rules of use, with objective criteria and possible rotations where use is conflicting, so that no building exclusively occupies spaces intended for all.
Who is liable for damage caused by a common asset of the supercondominium?
Article 2051 of the Italian Civil Code on liability for damage caused by assets in custody applies. It is therefore decisive to be clear who has the custody and maintenance of each shared asset. Orderly documentation of maintenance works and periodic checks is proof that the custody obligations have been fulfilled, a central element in any dispute over damage to third parties or to the participants themselves.
How do you keep control of the documentation for shared assets?
You need an orderly archive collecting the identification of the assets, the maintenance contracts, the minutes of resolutions, the system certifications and the register of deadlines. With several shared assets the volume is considerable. Management software such as AmministraPro lets you catalogue the common assets, schedule maintenance with deadline trackers, archive contracts and certifications and link each work to the related resolutions and expenses. The features are described on /funzioni and the plans on /prezzi.
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