The minimal condominium: how it works

When a building qualifies as a minimal condominium

A building qualifies as a minimal condominium when a property with common parts belongs to only two natural or legal persons, each holding a distinct real estate unit. Italian case law has repeatedly confirmed that the decisive criterion is the number of co-owners, not the number of units: if two units belong to two different owners, the minimal condominium rules apply even if one of the units spans several rooms or floors.

A building with only two units but owned by the same person does not qualify, and neither does a building with more than two units even if controlled by two related ownership groups: the rule looks at the individuals holding exclusive ownership, not at any family or economic connection between them.

Which Civil Code rules still apply

Article 1129 of the Italian Civil Code requires the appointment of a building manager only when there are more than eight co-owners: below that threshold, the appointment remains optional, and in a minimal condominium it is almost always absent. This does not mean decisions on common parts escape ordinary rules: articles 1102 and following on co-ownership, extended to common parts by article 1117 and following, still govern use, maintenance and improvements.

Without a manager, decisions are made through direct agreement between the two owners. If no agreement is reached, either owner can turn to a court, which rules as if it were an assembly, following the general provisions on co-ownership. Internal bylaws are not mandatory with only two co-owners either, but nothing prevents adopting a written one to set shared rules on ownership shares, expense allocation and use of common areas, reducing the risk of future conflict.

Shared expenses and proportional allocation

Even without a manager, expenses for the upkeep and enjoyment of common parts are allocated according to ownership shares, unless the parties agree otherwise, following the general principle of article 1123 of the Civil Code. An ownership share table, even an informal one, is therefore still needed to correctly calculate each owner's portion of expenses such as roof maintenance, shared facades, common systems or exterior common areas.

Expenses should be documented with invoices and receipts made out to the property, and each co-owner has the right to know the accounts of expenses incurred jointly, even without a formal statement of accounts like the one required for larger condominiums. For extraordinary works, it is still advisable to collect comparable quotes and keep technical documentation, since that is what will matter most in case of a dispute.

When it still makes sense to hire a manager or use software

Even though the law does not require it, the two co-owners can still appoint a manager, for example when the relationship between them is difficult, when complex extraordinary works are needed, or when one of the owners does not live in the property and needs a professional point of reference.

More often, though, the most effective solution is keeping orderly accounts without an external manager: tracking expenses, proportional shares, maintenance deadlines and communications between the parties in a traceable way avoids most conflicts, which almost always stem from missing documentation rather than bad faith. Management software such as AmministraPro lets the two owners keep these accounts on their own, with automatic expense allocation based on ownership shares, a digital archive of invoices and agreement records, and a history both owners can consult at any time, without necessarily handing management over to a professional administrator.

Frequently asked questions