Practical regulations
Managing condominium expenses under co-ownership
When an apartment or garage belongs jointly to several people, for instance siblings who inherited their parents' home or spouses under joint property arrangements, the manager faces a recurring question: who receives the payment notice, and who is liable if an installment goes unpaid. Italian civil law provides clear answers, starting with article 1123 of the Civil Code on expense allocation and article 67 of the implementing provisions on the common representative. This guide explains how to correctly manage expenses when a unit is co-owned, focusing on the joint liability of co-owners, the appointment of a common representative, and the notices the manager must send to avoid procedural defects.
Compared
| Criterion | Management with a single registered name | Correct management with all co-owners registered |
|---|---|---|
| Meeting notice delivery | Risk of a convening defect if a co-owner is missed | Notice valid toward all entitled parties |
| Debt recovery in case of arrears | Action limited to the single registered name | Possible to act against any co-owner jointly liable |
| Common representative | Not verified, risk of voting conflicts | Verified or requested under article 67 |
| Condominium registry | Incomplete relative to article 1130 no. 6 | Compliant, with internal shares distinct from millesimal shares |
| Traceability of communications | Hard to prove notice reached everyone | Separate documentation for each co-owner |
Checklist for managing a co-owned unit
- Register all co-owners in the registry with complete details and internal share
- Check whether a common representative has been designated under article 67
- If none exists, request the appointment or send notices to all co-owners
- List all names from the registry on meeting notices
- Keep separate documentation of communications sent to each co-owner
- In case of arrears, assess whom to bill considering joint liability
- Process co-owners' data in compliance with the GDPR minimization principle
- Update the registry whenever a change in co-ownership is reported
Joint liability of co-owners
When a unit is registered to several people, each of them is a co-owner for a share, but toward the condominium the debt position does not automatically split. The contribution obligation arises from the unit as such, and co-owners are jointly and severally liable for the full amount due, not merely their internal share. In practice this means the manager can legitimately demand full payment from just one co-owner, leaving it to that person to seek reimbursement from the others according to their internal ownership shares, which remain a private matter between them and do not concern the condominium.
The practical consequence for the manager is that non-payment cannot be justified by invoking a minority internal share: if the resolution approves the expense and its allocation based on the unit's millesimal shares, the debt toward the condominium remains single and indivisible for collection purposes. In case of arrears, a payment order can be requested against one, some, or all co-owners, at the condominium's choice, following the general rules on joint obligations set out in the Civil Code.
The common representative under article 67 of the implementing provisions
Article 67 of the implementing provisions of the Civil Code states that when a unit is co-owned by several people, they must appoint a common representative to exercise participation rights at the assembly. If the co-owners do not do this on their own initiative, either of them or the manager can request that the appointment be made following the majorities set for ordinary administration of shared assets among co-owners.
Without a designated common representative, the manager should still continue sending notices and invitations to all known co-owners, to avoid the lack of representation turning into a convening defect capable of invalidating the assembly resolution. It is therefore correct and prudent practice to ask co-owners, already at the registry stage, to indicate a contact person for routine communications, though this does not replace the formal appointment of a common representative when needed for voting at the assembly.
Setting up expense allocation and the condominium registry
The condominium registry, required under article 1130 number 6 of the Civil Code, must contain the details of all co-owners, not just one of them: name, tax code, residence and ownership share for each. A registry that lists a single name for a jointly owned unit exposes the manager to the risk of irregular notices and complicates any subsequent debt recovery action.
In day to day management it is advisable to register all co-owners with their personal details and internal co-ownership share, kept distinct from the unit's condominium millesimal shares; send official communications, meeting notices and payment reminders to all known co-owners, unless they have jointly and formally indicated a single agreed contact address; and issue any payment order listing all names appearing in the registry, so as not to unduly narrow the group of jointly liable parties.
Management software such as AmministraPro allows several holders to be registered for the same unit, with their respective internal shares, and keeps a separate record of communications sent to each one, providing documentary evidence in case of disputes or arrears.
- Register all co-owners with complete personal details and internal share
- Send communications and reminders to all known co-owners
- List all names on any payment order issued
Notices and communications: what changes with multiple owners
Meeting notices, as required by article 66 of the implementing provisions, must reach each unit owner with a minimum advance notice period that ensures adequate information. When a unit is jointly held, the prudent approach is to send the notice to all co-owners appearing in the registry, unless they have formally indicated in writing a single contact address or appointed a common representative, in which case sending the notice to that sole indicated contact is sufficient and relieves the manager of further obligations toward the others.
On the privacy side, processing co-owners' personal data must comply with GDPR principles, in particular data minimization: the manager collects and processes only the data necessary for condominium management, such as marital status, residence and contact details useful for communications, without requesting further information unrelated to expense management.
Frequently asked questions
If a unit is co-owned by two siblings, who pays the condominium expenses?
Both co-owners are jointly and severally liable for the full amount owed to the condominium, regardless of their internal ownership share. The condominium can therefore demand full payment from just one of them, who will then have the right to seek reimbursement from the other for the share exceeding their own, but this is a private matter between co-owners that does not concern the manager.
What is the common representative under article 67?
It is the person designated by the co-owners of the same unit to exercise participation rights at the condominium assembly, including voting. The appointment prevents multiple people with interests in the same unit from voting separately or creating conflicts over representation; if the co-owners do not appoint one on their own, it can be requested following the majorities set for ordinary administration of the shared asset among them.
Must the manager send the meeting notice to all co-owners or is one name enough?
In the absence of an appointed common representative or a single contact address agreed in writing, it is prudent to send the notice to all co-owners listed in the condominium registry, to avoid convening defects that could invalidate the resolution subsequently adopted by the assembly.
What must the condominium registry contain for a unit with multiple owners?
It must record the details of each co-owner, not just one: name, tax code, residence and internal ownership share, alongside the unit's general data and assigned millesimal shares, as required by article 1130 number 6 of the Civil Code. Software such as AmministraPro allows this data to be managed separately and documentably for each holder.
In case of arrears, can a payment order be requested against a single co-owner?
Yes, since the contribution obligation toward the condominium is joint and several, a payment order can be requested against a single co-owner for the full amount due. That person can then, if they choose, take recourse action against the other co-owners to recover the share exceeding their own internal portion.
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