Who pays a defaulting owner's debt to suppliers

The condominium obligation is pro rata, not joint

The starting point is a settled principle: obligations assumed by the condominium towards third parties are as a rule pro rata (parziarie). This means each owner is bound to pay their share, calculated according to the thousandths of ownership or the different applicable sharing criterion, and not the entire amount owed to the supplier.

This approach, affirmed by the Joint Chambers of the Court of Cassation, prevents the owner in good standing from having to cover the debt left uncovered by those who do not pay. The supplier with a credit against the condominium must therefore split its claim according to the shares, not demand the whole from a single solvent owner.

The benefit of prior enforcement against defaulters

To the pro rata principle is added the specific protection of Article 63, second paragraph: a creditor wishing to act against an owner must first pursue the defaulting owners. In practice, before turning to those in good standing, the supplier must attempt recovery against those who have not paid.

To make this mechanism work, the manager has a duty of transparency towards creditors: they must communicate to suppliers who request it the data of the defaulting owners, so they can direct their actions correctly. This duty, provided by Article 63 itself, is the precondition that allows the creditor to know whom to pursue first.

What the manager must do

In ordinary management, the manager's position is delicate because they must hold together the protection of the common fund, relationships with suppliers and the protection of owners in good standing. An orderly method reduces the risks and shields from disputes. In short it is best to.

• Keep each owner's accounting position up to date, precisely distinguishing who is in good standing and who is in arrears.
• Promptly activate reminders, the formal demand and, if needed, the payment order against defaulters, without waiting for the supplier to act.
• Provide creditors who request it with the data of the defaulting owners, as Article 63 requires.
• Avoid asking owners in good standing to cover the defaulters' debt, save specific meeting decisions on reserve funds.
• Document every action, so as to prove diligence in collection.

The reserve fund and advances: a topic not to confuse

The external relationship with suppliers is one thing, the internal management of the fund another. If arrears jeopardise current payments, the meeting can resolve on tools such as a reserve fund or extraordinary calls, but this does not turn the obligation into a joint one: the rule that each is liable for their own share remains firm.

Asking owners in good standing to advance sums to cover defaulters is a delicate management choice, which must pass through a clear resolution and cannot become an automatic practice. The correct and priority route remains active recovery of the credit against those who have not paid.

Keeping the accounts in order makes the difference

The key to everything is bookkeeping that allows one to know, at any moment and with certainty, who is in good standing and who is in arrears, for what amounts and since when. Only in this way can the manager respond correctly to suppliers and protect the diligent owners.

In AmministraPro each owner's position is linked to the instalment schedule and to the state of payments, so the manager immediately distinguishes defaulters from owners in good standing and prepares communications to creditors with precision. The accounting management features and available plans are described on the /funzioni and /prezzi pages.

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