Serious irregularities of a condominium manager

The list in article 1129 paragraph 12: what the rule actually says

Paragraph 12 of article 1129 of the Italian Civil Code expressly identifies certain conduct as serious irregularities, without leaving the assessment entirely to a judge's discretion case by case. This includes failing to convene the assembly for approval of the condominium financial statement, managing funds in a way that prevents verification of how they were allocated, failing to open or use the bank account held in the condominium's name, failing to carry out judicial or administrative measures concerning the safety of the building's systems and common areas, and allowing funds belonging to other condominiums managed by the same manager to be mixed into the condominium's own account.

To this core the law adds failure to comply with the transparency obligations set out in the same article 1129, such as not communicating supplier identification data, and refusing to show documents when a unit owner makes a written request. The rule therefore does not punish an isolated mistake or general management inefficiency as such, but conduct that deprives the condominium of the ability to check how its own money is being administered.

The consequences: removal by the assembly and judicial removal

When serious irregularities emerge, the first route is through the assembly: it can remove the manager at any time, even before the natural end of the term, with the same majority required for appointment. But article 1129 paragraph 12 provides a further and more incisive remedy: when the assembly fails to act or cannot reach a decision, any single unit owner can apply directly to the court to request the manager's removal, without waiting for collective initiative.

The application is filed with the court where the condominium is located, following the procedure set out in article 64 of the implementing provisions of the Civil Code. Once the judge finds even one of the listed conducts to have occurred, removal can be ordered with immediate effect: there is no need to prove that economic harm has already occurred, the conduct defined by the rule is sufficient on its own. Judicial removal also obliges the outgoing manager to hand over all accounting and administrative documentation to the successor or to the assembly within a reasonable time.

Why day to day transparency prevents disputes

Almost all the conduct listed in article 1129 paragraph 12 concerns access to information: a separate and verifiable bank account, a timely financial statement, documents available on request. A manager who keeps traceable accounts and lets unit owners independently consult statements, invoices and meeting minutes drastically reduces the risk of being accused of one of these irregularities, because disputes almost always arise from suspicion of opacity, not from the discovery of an actual shortfall.

Management software such as AmministraPro helps on this specific front: it records movements on the dedicated account, generates the financial statement with the traceability the law requires, and gives unit owners direct access to documentation, so that a request to inspect records finds an immediate answer instead of turning into grounds for a dispute. Anyone who wants to look further into setting up this kind of transparency can check the features dedicated to financial reporting and the pricing of the different plans.

What a unit owner who suspects an irregularity can do

Before turning to the court, it is worth formalizing the request to access documents in writing, specifying exactly what needs to be reviewed: statements of the condominium bank account, supplier invoices, minutes of assembly meetings. A refusal, or silence from the manager in response to this request, is already relevant on its own for purposes of article 1129 paragraph 12.

If the request goes unanswered, the unit owner can bring the matter to the assembly and request removal, or, if protecting the condominium seems urgent, apply directly to the court under the procedure of article 64 of the implementing provisions. It is useful to keep copies of every communication sent and received, because in judicial proceedings the proof of the manager's failure to act is built precisely on this documentary exchange.

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