How to handle condominium arrears

The first step: prompt, documented reminders

As soon as an unpaid instalment falls due, it is advisable to send a written reminder, not only as a courtesy to the owner but because documenting the arrears is the foundation of every subsequent action. The reminder should state the amount owed, the reference resolution and the due date already passed, avoiding informal tones that are difficult to use as evidence in a dispute.

It is useful to keep a record of every communication: date sent, method used, such as certified email, registered mail or ordinary email, and any reply from the owner. A management platform like AmministraPro automatically logs the history of reminders and the payment schedule, so the manager always has the timeline of the arrears at hand, an element courts examine carefully when an injunction order is requested.

• First informal reminder, usually within 30 days of the missed due date
• Second reminder with formal notice of default, including accrued statutory interest
• Recording of every communication with a certain date

The injunction order under article 63 of the implementing provisions

Article 63 of the implementing provisions of the Italian civil code allows the property manager, without needing authorization from the assembly, to obtain an immediately enforceable injunction order against the defaulting owner, based on the expense statement approved by the assembly. This means there is no need to wait for a specific resolution to go to court: the approved statement is already sufficient grounds for the claim.

The immediate enforceability of the order is a practical advantage: it allows the manager to proceed with enforced recovery even if the owner objects, unless the judge suspends enforcement for serious reasons. It is therefore the main tool when reminders have had no effect, and should be activated without excessive delay, because delaying can complicate recovery, especially if the defaulting owner sells the property.

Suspending shared services that can be separately enjoyed

Article 63 also provides that the manager may suspend a defaulting owner, in arrears for six months, from enjoying shared services that are capable of separate use. The rule applies only to services that can actually be disconnected for a single unit, and can never cover essential services such as water or centralized heating that cannot technically be separated per unit, since suspending those would expose the condominium to liability.

Before proceeding it is advisable to verify technically that suspension can be carried out without harming other owners, and to notify the defaulting owner formally, stating the reasons and the deadline to settle the debt.

Communications to creditors and transfer of the unit

The property manager must inform unpaid creditors, upon their request, of the details of defaulting owners, so they can act directly against them. This provision is designed to protect suppliers of the condominium when the fund is insufficient to cover advanced expenses.

It is also worth remembering that when a unit is sold, the buyer is jointly liable with the seller for the contributions of the current year and the previous one: another reason to keep an accurate, up to date record of outstanding debts, easily verifiable at the time of the notarial deed.

Tracking and prevention: the role of management software

Many cases of arrears arise from simple oversight rather than actual insolvency: a timely reminder often prevents the situation from worsening. Software like AmministraPro allows the manager to monitor payment status owner by owner, automatically generate the payment schedule, produce an always up to date statement, and keep a documented history of reminders, all useful both for prevention and as support when a lawyer is needed for an injunction order.

Accurate tracking also reduces the risk of errors in calculating the amount owed, which is often the basis for challenges against an injunction order.

Frequently asked questions