Collecting condominium contributions step by step

The basis of the collection duty

Article 1130, number 3, of the Italian Civil Code lists among the manager's duties that of collecting contributions. Article 1129, paragraph nine, adds a time constraint: the manager is required to act for forced collection within six months of the close of the financial year in which the receivable arose, unless the meeting has expressly granted an exemption.

This means that prolonged tolerance towards a defaulter is not a neutral choice: a manager who lets the deadlines lapse without acting and without an exemption can be called to answer for their inaction. Timely collection protects the common fund and equal treatment among owners, because an uncollected receivable ends up weighing, in practice, on those who pay on time.

Step 1: the reminder and the amicable attempt

Before turning to the judge it is worth making an amicable attempt. A written reminder stating the amount owed, the relevant financial year and a deadline to pay is often enough to unblock the situation and avoids legal costs that would fall on the defaulter anyway. The documented reminder is also proof that the manager took action.

In cases of temporary difficulty it may be appropriate to propose a repayment plan in instalments, provided it is resolved or at least consistent with the meeting's guidance. The plan does not extinguish the debt but organises its recovery, and it must be monitored: at the first failure of the agreed instalments, the judicial route resumes.

Step 2: the Article 63 payment order

If the amicable attempt fails, the main instrument is the payment order. Article 63 of the implementing provisions of the Italian Civil Code allows the manager, on the strength of the annual report or the allocation statement approved by the meeting, to obtain a payment order that the judge makes immediately enforceable despite any opposition. It is a fast lane compared with ordinary proceedings, precisely because the condominium receivable rests on a clear internal title.

In practice the manager, usually with a lawyer's assistance, files the application enclosing the approval minutes, the allocation and the defaulter's account statement. Once obtained, the order can be served and enforced even while an opposition is pending, unless the judge decides otherwise.

Step 3: notice to creditors and the defaulters

Article 63 of the implementing provisions also provides that the condominium's creditors, before acting against owners who are up to date with payments, must first proceed against defaulting owners. To make this rule effective, the manager must disclose to creditors who request it the details of defaulting owners. It is a formality that protects those who pay on time and holds those who are late accountable.

Keeping the list of defaulters up to date, year by year, therefore serves not only internal collection but also the correct handling of unpaid suppliers' requests. An inaccurate record of who is in order and who is not can expose the manager to disputes from both sides.

Step 4: track receivables and deadlines with software

Collection requires continuous control of the payment status: who has paid, who is late, by how much and from which financial year, and above all when the six months to act expire. Doing this by hand, condominium by condominium, is the main source of oversights.

A management tool automates monitoring. AmministraPro keeps the account statement updated for each owner, flags positions in arrears, sends reminders and stores the documentation useful for a possible payment order, so that the manager meets the legal deadlines without reconstructing the data at the last minute. The features for handling arrears are described on the /funzioni page, while the plans are on /prezzi.

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