Managing data retention at the end of the mandate

The handover obligation under Article 1129 of the Italian Civil Code

Article 1129 of the Italian Civil Code requires the manager, upon termination of the mandate for any reason, to hand over all documentation in their possession concerning the building and the individual owners, as well as to provide the information needed for the best possible transition. This is not an optional or negotiable handover: it is a legal obligation that applies regardless of any pending financial disputes between the manager and the building, such as unpaid fees or contested statements.

In practice, the handover covers the register of residents, the minutes of assembly meetings, the register of appointments and revocations of managers, the accounting ledger, all technical building files, ongoing contracts with suppliers and contractors, insurance policies, correspondence with residents and third parties, and of course the accounting documentation with statements and supporting receipts. A manager who hands over documentation late or incompletely can be held liable for damages caused to the building and to individual owners.

What to retain and for how long after the mandate ends

Not all building materials follow the same path when a mandate ends: some documents must be handed over in full to the successor, while others must also be retained by the outgoing manager to respond to future requests, particularly for tax and social security purposes.

Generally, Italian accounting and tax practice indicates a ten year retention period for accounting documentation and expense receipts, in line with the retention terms for accounting records set out in the Civil Code for business activities and applied by analogy to condominium management. This means that, even after handing over the originals to the new manager, it is prudent for the outgoing manager to keep a copy of the documentation relating to their own period of management, so as to be able to respond to any audits, disputes with residents, or requests from the tax authority concerning the years in which they administered the building.

• Register of residents and minutes of meetings: full handover to the successor, they are the building's historical record
• Approved financial statements and expense receipts: ten year retention, both in original at the building and in copy with the outgoing manager
• Ongoing supply and service contracts: handover including notice of deadlines and relevant clauses
• Correspondence with residents and suppliers concerning the manager's own mandate: keeping a copy is advisable for legal protection

Personal data processing after termination: what the GDPR requires

During the mandate, the manager processes residents' personal data, registry information, arrears status, contact details, as an independent data controller for the purposes of condominium management. When the mandate ends, this role does not transfer automatically: the new manager becomes an independent controller for the subsequent period, and handing over documentation containing personal data should be seen as a necessary step for continuity of management, not as an indiscriminate transfer of data.

The outgoing manager must avoid two opposite mistakes: retaining copies of personal data beyond what is strictly necessary for their own protection, for instance to respond to future disputes over their conduct, and deleting or scattering data that instead must remain available to the building for tax or insurance obligations. The practical solution is to hand over the originals and the data needed for ongoing management, keeping only copies strictly relevant to one's own period of responsibility and for the duration required by law, while adopting adequate measures to protect them from unauthorized access.

The handover in practice: an orderly process

A well managed handover reduces the risk of later disputes and makes the successor's work easier. It is useful to draw up a handover statement signed by both parties, listing in detail the documents transmitted, so as to have clear proof of what was handed over and when.

• Prepare a detailed list of the documentation to be handed over, checked together with the successor
• Set a reasonable deadline for the handover, keeping in mind that delay can create liability
• Prepare the final statement for the period of management, even if it does not coincide with the closing of the annual fiscal year
• Formally notify residents of the completed transition and the new manager's contact details
• Keep a copy of the handover statement together with the documentation retained for the ten year retention obligations

Digital tools for a simpler, traceable handover

When condominium management is digitized, the handover naturally becomes more orderly: registers, minutes, financial statements, and the document archive can be exported or transferred as a whole, with traceability that protects both the outgoing and the incoming manager. AmministraPro, for instance, organizes condominium documentation in a structured way by file and financial year, which makes it easier to identify what must be handed over in full and what can be kept in copy for retention obligations, reducing the risk of oversights precisely during the most delicate phase of a management change.

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