Practical regulations
When appointing a manager becomes mandatory
Anyone dealing with an Italian condominio sooner or later asks whether a property manager is truly required, or whether small buildings can do without one. Article 1129 of the Italian Civil Code answers this with a precise threshold: once the number of unit owners exceeds eight, appointing a manager is no longer a choice but a legal obligation. Below that threshold the assembly can decide not to appoint one, though it remains free to do so if it finds it useful. This guide explains when the obligation applies, what happens if the assembly stays inactive, how judicial appointment works when a unit owner petitions the court, and the term length and duties that follow the appointment.
The eight owner threshold under Article 1129
Article 1129 of the Italian Civil Code states that once the unit owners number more than eight, the assembly must appoint a manager if one has not already been appointed. The count refers to owners as individuals, not to physical units: someone who owns several apartments in the same building counts as a single owner for this purpose.
Below the threshold of eight owners, appointment remains optional: the assembly can run the building collectively, with decisions taken jointly and one owner handling routine matters such as keeping the accounts. Once the threshold is crossed, appointment becomes mandatory, and its absence creates real practical problems, from difficulty dealing with suppliers to the lack of anyone legally entitled to represent the building in court.
What happens if the assembly fails to act
If the number of owners exceeds eight and the assembly cannot pass a resolution appointing a manager, whether due to lack of quorum or disagreement among owners, the law does not leave the building without representation. Article 1129 provides that, in case of unjustified inaction, appointment can be requested from the judicial authority.
The petition can be filed by any individual owner, even alone, without needing an assembly resolution authorizing it: since the whole point of this remedy is to overcome a deadlock, requiring another collective decision first would defeat its purpose. The proceeding takes place before the court where the building is located, following the simplified chamber proceeding, which is relatively faster than ordinary litigation.
Judicial appointment: who can request it and how it works
Judicial appointment typically arises in two situations: when the legal obligation is not met even though the eight owner threshold has been exceeded, or when, even in a smaller building where a manager had been appointed voluntarily, that manager leaves the role through resignation, removal or death, and the assembly cannot agree on a replacement.
Once the court verifies that the conditions are met, it appoints a manager who remains in office until the assembly decides otherwise. This is not a punitive measure but a safeguard: the building must always have someone able to collect contributions, handle tax duties such as withholding obligations, and represent the building in dealings with third parties and in court.
Term length and duties following the appointment
The manager's term, whether resolved by the assembly or ordered by a court, lasts one year and is understood to be renewed for an equal period unless the assembly decides otherwise. Upon appointment, the manager must inform the owners of their personal and professional details, the location where the building's records are kept, and the days and hours when those records can be consulted.
- Opening a bank account in the building's name, kept separate from the manager's personal assets.
- Keeping a register of owners with their details and those of the units.
- Convening the assembly to approve the annual financial statement within the required deadlines.
- Promptly informing owners of any change to their details or to the appointment itself.
The role of management software in meeting the obligation
Whether the appointment is voluntary or ordered by a court, the incoming manager needs to quickly bring order to owner records, accounting, and past financial statements, often inheriting a situation that has not been kept current. Software such as AmministraPro supports exactly this starting phase: the owner register, the schedule of ownership shares, and the accounting for each building are organized in a single platform, making it easier to reconstruct the situation quickly and meet legal deadlines from the very first financial statement.
Frequently asked questions
Above how many unit owners is appointing a manager mandatory?
The obligation applies once the unit owners number more than eight, under Article 1129 of the Italian Civil Code. The count refers to individuals holding ownership, not to physical units: someone owning several apartments in the same building is counted only once. Below this threshold, appointment remains optional and the assembly can choose to manage the building without one.
What happens if a building with more than eight owners appoints no manager?
If the assembly cannot pass a resolution to appoint one, any individual owner can petition the court where the building is located to request judicial appointment, without needing a resolution authorizing the petition. The proceeding follows the simplified chamber procedure and is designed to move faster than ordinary litigation, precisely because it exists to break a deadlock.
How long does the manager's term last, whether voluntary or court ordered?
The term lasts one year and is understood to be tacitly renewed for an equal period unless the assembly decides otherwise when approving the financial statement or through a specific resolution. The duration is the same whether the appointment comes from the assembly or from the court.
In a building below the eight owner threshold, can a manager still be appointed?
Yes. Below the threshold of eight owners, appointment is optional, not prohibited: the assembly can freely decide to hire a professional manager if it finds this useful, for instance to handle accounting or supplier relations more effectively, or it can continue running the building collectively without one.
What must a manager do right after taking office, whether by legal obligation or judicial appointment?
They must inform owners of their personal and professional details, state where the building's records are kept and when they can be consulted, open a bank account in the building's name kept separate from personal assets, maintain the register of owners, and convene the assembly to approve the financial statement within the required deadlines. Software such as AmministraPro helps organize these duties from the very first days of the appointment.
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