Legal guide
What is condominium arrears
Condominium arrears occur when an owner fails to pay, within the deadline set by the assembly or the building regulation, their share of common expenses: ordinary and extraordinary maintenance, utilities, and the property manager fee. A few days late does not automatically amount to legally relevant arrears, but once a threshold is crossed the property manager has a duty, not just an option, to pursue recovery. Arrears affect voting rights in the assembly, eligibility for expense installment plans and, where the regulation allows it, access to non essential services. Handling this stage properly, with timely reminders and clear statements, reduces disputes and protects the building cash flow: software such as AmministraPro helps track deadlines and each owner balance.
Compared
| Criterion | Manual management | Management with software such as AmministraPro |
|---|---|---|
| Reminders to the defaulting owner | Letters and emails prepared manually, risk of oversights | Reminders generated automatically based on installment due dates |
| Individual account statement | Rebuilt by hand from spreadsheets, time consuming | Always up to date and available for every owner |
| Documentation for the injunction order | Statements and allocations to assemble from different sources | Allocation statement and financial report ready in a few clicks |
| Traceability of communications | Hard to prove the date and content of reminders | Communication history stored and available |
| Risk of calculation errors | Higher with manual calculations across multiple years | Reduced thanks to automatic calculations tied to the financial statement |
Checklist for handling a defaulting owner
- Check the due date indicated in the allocation approved by the assembly
- Send a formal written reminder with a new payment deadline
- Update the individual owner account statement in the financial report
- After six months, consider suspending non essential services if the regulation allows it
- Prepare the approved allocation statement as the basis for an injunction order
- File a petition for an injunction order under article 63 disp att
- Check whether a new buyer of the unit carries joint liability
- Document every communication to protect the property manager from liability
What condominium arrears means
Condominium arrears is the total or partial non payment of the shares approved by the assembly for the building running costs. It covers not only the ordinary annual installments but also contributions for extraordinary works, the mandatory reserve fund for major interventions provided by article 1135 of the civil code, and urgent expenses advanced by the property manager.
For arrears to be legally relevant, the payment deadline set by the cost allocation approved in the assembly, or by the building regulation, must have passed. The property manager must then verify the default through the financial statement and formal reminders before starting the recovery procedures provided by law.
Article 63 of the implementing provisions of the civil code
Article 63 of the implementing provisions (disp att) of the Italian civil code is the key rule on collecting condominium contributions. It provides that, for the collection of contributions based on the allocation statement approved by the assembly, the property manager can obtain an injunction order that is immediately enforceable, without waiting for the debtor opposition to be resolved.
The rule also governs the relationship between owners and buyers when a unit is transferred: whoever acquires the property is jointly liable with the seller for the contributions relating to the current year and the previous one. In addition, when the default continues beyond six months, the property manager can suspend the defaulting owner from services capable of separate enjoyment, if the regulation allows it and without affecting essential services.
- Immediately enforceable injunction order based on the approved financial statement
- Joint liability of the buyer for the current year and the previous one
- Possible suspension of non essential services after six months of default, if provided by the regulation
- The reserve fund is drawn first against defaulting owners and only afterward, proportionally, against the others for urgent extraordinary expenses
Effects of arrears on condominium life
Under article 63 disp att, a defaulting owner can be excluded from voting in the assembly on resolutions related to expenses, while retaining the right to take part in the discussion. This limitation protects the other owners from decisions made by someone who is not contributing to the running costs.
One owner defaulting does not exempt the others from paying their own shares: condominium obligations are several, and each owner answers only for their own part, aside from the reserve fund advance mechanism designed for urgent matters. A transparent and timely financial statement, with the detailed list of credits and debts toward each owner required by article 1130 bis of the civil code, is the main tool to prevent disputes and payment delays.
Debt recovery: the practical procedure
Before applying for an injunction order, the property manager usually sends a formal reminder with a new payment deadline, which is also useful to document good faith management. If the owner does not settle, the property manager, without needing assembly authorization, can ask the court for an injunction order based on the approved allocation statement, which is sufficient proof of the debt.
Managing installments, reminders and individual account statements digitally makes it easier to prove the amount owed and its due date, the elements a judge checks before granting immediate enforceability of the order.
Frequently asked questions
How long before an owner is considered in arrears
There is no single deadline fixed by the civil code: arrears start running from the due date indicated in the allocation approved by the assembly or by the building regulation. Once that date passes without payment, the property manager can send reminders and, if the default continues, request an injunction order under article 63 disp att. The six month threshold is instead specifically relevant for suspending non essential services.
Is the property manager required to act against a defaulting owner
Yes. Article 1130 of the civil code requires the property manager to pursue forced collection of amounts owed by owners within six months from the close of the financial year in which the credit becomes due, unless the assembly expressly exempts them. Failing to act exposes the property manager to liability toward the condominium for damage caused by delay or by the credit becoming time barred.
Can water or heating be cut off to a defaulting owner
Article 63 disp att allows suspending only common services capable of separate enjoyment, so not essential services such as water and heating unless they are technically separable per unit, and only if the building regulation expressly provides for it and after at least six months of default. The measure must still be proportionate and formally communicated to the owner.
Does a buyer answer for the seller condominium debts
Yes, article 63 disp att establishes joint liability: the buyer answers together with the seller for condominium contributions relating to the current year at the time of the transfer and the previous one. For this reason, before completing a purchase it is common practice to ask the property manager for a certification on the unit payment status.
How does management software help reduce arrears
A program such as AmministraPro can generate installments and automatic reminders, keep an always updated account statement for every owner, and produce in a few clicks the financial statement and allocation record a court requires for an injunction order, reducing the time needed to establish arrears and the risk of calculation errors.
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