Practical regulations
Managing the end of the concierge service
Discontinuing the concierge service is a common decision in buildings looking to cut management costs, but it touches both condominium law and employment law at the same time. It requires a valid assembly resolution, correct handling of the employment relationship with the concierge, calculation of severance pay, a decision on any staff apartment, and reallocation of the resulting savings. Handling this without attention to each step exposes the building to resolution challenges and labor disputes. This guide walks through the operational steps a manager must follow, from calling the assembly to the final communications to unit owners, referencing the articles of the Italian Civil Code that govern shared services and decisions affecting them.
The assembly resolution: majorities and scope of the decision
Discontinuing the concierge service affects an existing shared service and requires an assembly resolution that must appear as a specific agenda item, not buried under miscellaneous business. Since this is a change to how a shared service is provided rather than a costly or purely optional innovation, prevailing case law treats it as ordinary management of shared services under Article 1135 of the Civil Code, which requires a majority of those present representing at least half the value of the building on second call.
The manager should prepare a clear agenda that separately addresses: discontinuing the service, the fate of the employment relationship with the concierge, the destination of any staff apartment, and how the resulting savings will be allocated. A vague resolution that simply states discontinuation of the concierge service without addressing these points exposes the building to implementation problems later and, in some cases, to challenges for lack of adequate prior information to owners under Article 1137.
Dismissing the concierge and calculating severance pay
Once the resolution is passed, the building, acting as employer, must handle the end of the employment relationship according to ordinary employment law rules, applying the national collective agreement for employees of building owners. Eliminating the position because the assembly chose to discontinue the service can qualify as dismissal for objective justified reason, which requires respecting the notice periods set by the collective agreement and, where applicable, the preventive conciliation procedure before the labor inspectorate for open ended contracts.
Severance pay must be calculated over the entire length of service, including the amounts accrued each year and their revaluation, and paid together with the other end of employment amounts due: unused holiday leave, accrued thirteenth month pay, and payment in lieu of notice if the building chooses not to have the concierge work through the notice period. The manager must keep all the payroll and social security documentation for the relationship, since the building remains liable in the event of later checks by social security bodies or claims from the employee.
The staff apartment: vacating and future use
When the concierge occupied a staff apartment tied to the job, ending the employment relationship generally also triggers an obligation to vacate the unit, since occupancy was linked to the employment contract rather than to an independent title. The manager must formally notify the concierge of the terms for vacating the unit, coordinating them with the date the employment ends, and avoid setting timelines so tight that they could be challenged as unreasonable.
The assembly decides the future use of the apartment: the most common options are letting it to a third party to generate income that offsets condominium expenses, selling it if the ownership shares and the required majorities allow and the assembly approves under the majorities set for disposing of shared parts, or repurposing it as a service room, storage space or common room. Any option beyond simply closing the premises must be put to a specific resolution, since it affects the use of a shared part of the building under Article 1117.
Reallocating expenses and informing unit owners
Once the service ends, the dedicated expense items disappear: salary, social security contributions, accruing severance pay, and any maintenance costs for the lodge and the apartment. The manager must update the expense allocation plan for the current year, showing owners the expected savings and recalculating the condominium installment, and must clarify in the financial statement whether part of the savings is redirected to new services, such as a reduced concierge schedule, hourly reception coverage, or access control systems, or simply passed on as a lower charge.
Communication to owners must be timely and complete: the assembly minutes, the dismissal timeline, the date the apartment is vacated, and the new expense allocation plan. A manager using software such as AmministraPro can track the resolution, the notice period deadlines, the severance pay calculation and the updated ownership share allocation in one place, reducing the risk of missing a communication or a deadline in a process that combines condominium law and employment obligations.
Frequently asked questions
What majority is needed to discontinue the concierge service?
Discontinuing the concierge service is generally treated as ordinary management of shared services under Article 1135 of the Civil Code, so it is approved with a majority of those present representing at least half the value of the building on second call. However, if the resolution also involves selling the staff apartment, that specific decision requires the higher majorities set for disposing of shared parts of the building. It is therefore advisable to separate discontinuing the service from deciding the apartment's future use on the agenda, so the correct majority applies to each and the resolution is not exposed to challenge.
Can the building dismiss the concierge without notice?
No, except in cases of just cause unrelated to the discontinuation of the service, the building must respect the notice periods set by the national collective agreement for employees of building owners, which vary depending on length of service and job classification. Alternatively, it can pay in lieu of notice if it chooses to end the working relationship immediately. Eliminating the position due to an assembly decision typically qualifies as dismissal for objective justified reason, which still requires following the procedures and timelines set by law and by the applicable collective agreement.
What happens to the concierge's apartment once the service ends?
If occupancy of the apartment was tied to the employment contract, the concierge is required to vacate it when the relationship ends, on terms agreed and communicated in writing by the manager. The assembly then decides its future use: letting it to a third party, selling it if the required majorities and building rules allow, or repurposing it as a common area. Any option beyond simply closing the premises must be put to a resolution with a specific agenda item, since it changes the use of a shared part of the building.
How is the dismissed concierge's severance pay calculated?
Severance pay is calculated over the entire length of the employment relationship, adding up the amounts accrued each year under the general rule, roughly annual pay divided by 13.5, and applying the revaluation set by law for prior years. Other end of employment amounts not yet paid are added to it: unused holiday and leave, the thirteenth month payment accrued for the current year, and, where due, payment in lieu of notice. The manager must keep all payroll and social security documentation for the relationship in case of later checks.
Does software like AmministraPro help manage this process?
Yes, condominium management software such as AmministraPro lets a manager keep the assembly resolution, notice and apartment vacating deadlines, end of employment payment calculations, and the updated expense allocation plan with new ownership shares all in one record after the service ends. This reduces the risk of errors or missed steps in a process that combines condominium duties and employment law obligations, and keeps every communication sent to owners documented in order.
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