Disclosing defaulters' names to the condominium's creditors

A duty, not a discretionary option

The rule is clear: faced with a creditor's request, the manager is required to provide the data of the defaulting owners. This is not a free choice but a fulfilment that the law links directly to the protection of owners in good standing. Refusing the communication without reason exposes the manager to liability towards the creditor.

The point is practical: the creditor has the right to know whom to pursue first, because they cannot act against owners who have paid except after attempting recovery from the defaulters. Without the disclosure of the names, this priority mechanism could not work and the diligent owners would remain exposed.

Who can ask and what is disclosed

The request must come from a creditor of the condominium, that is, from someone holding a title or in any case a credit position towards the condominium community, typically a supplier who has performed services not yet paid. It is to this party that the manager must respond.

The subject of the communication is limited: what is disclosed is the data of the defaulting owners useful to identify them and to quantify their position, not every piece of information about their private life. The communication must be limited to what the creditor needs to correctly direct their recovery actions, according to the minimisation principle.

GDPR compliance: minimisation and purpose

The duty in Article 63 does not conflict with data protection rules but must be coordinated with them. The processing finds its basis in the fulfilment of a legal obligation, which makes the communication lawful, but the principles of Regulation EU 2016/679 remain to be applied, in particular those of minimisation, purpose limitation and fairness.

In practice, the manager discloses only the data needed for that specific recovery purpose, does not spread the information beyond the requesting creditor and does not use it for further purposes. Disclosing the defaulters' names to the supplier who is entitled to them is different from displaying them on a noticeboard or making them known to unauthorised parties, conduct that may constitute unlawful disclosure.

How to handle the request in an orderly way

A clear procedure shields the manager from both unlawful refusal and excessive disclosure. In short it is best to follow some orderly steps and keep a record of them.

• Verify that the requester is actually a creditor of the condominium with a legitimate position.
• Precisely identify the defaulting owners and their up-to-date accounting position.
• Disclose only the data needed to identify them and to quantify the credit, without further information.
• Respond in writing, so as to document the fulfilment of the duty and the data transmitted.
• Do not spread the same data to parties other than the requesting creditor.

Having the data ready and up to date

The most common difficulty is not legal but organisational: responding promptly and precisely requires knowing at any moment who is in arrears, for what amounts and since when. If this data is scattered, the reply to the creditor becomes slow and imprecise.

In AmministraPro each owner's position is updated together with the schedule and the state of payments, so the manager immediately identifies the defaulters and prepares a communication limited to the necessary data, documented and consistent with the minimisation principle. The accounting and communications management features, with their plans, are described on the /funzioni and /prezzi pages.

Frequently asked questions