When to suspend common services for a defaulting owner

The requirement: default lasting six months

The rule is clear on the time requirement: suspension is possible only when arrears have lasted for six months. An occasional delay on a single instalment is not enough; there must be a consolidated situation of non-payment over time. This fact must be documented precisely, because it is the foundation of the measure's legitimacy.

Before reaching suspension it is therefore advisable that the manager has already sent reminders and a formal demand, so as to show that the owner had been informed regularly and that suspension comes as a reaction to persistent default, not as a sudden act. An orderly record of communications and amounts due makes this step much more solid.

Which services can be suspended

Suspension concerns only common services capable of separate use, that is, those technically isolable for the single unit without harming the other owners. The typical example is central heating equipped with metering or valves that allow the individual supply to be closed, or other services that can be interrupted for a single apartment.

Excluded, on the other hand, are non-divisible services, whose interruption would strike the entire building, and above all services essential to the life and health of the person. Case law is consistent in treating water as a primary good whose deprivation may harm fundamental rights: for this reason suspending the water supply is generally held to be unlawful even in the face of serious arrears.

Is an owners' meeting resolution needed?

Article 63 grants the power to the manager, who can therefore activate suspension within the scope of collection duties without a specific authorisation from the owners' meeting. It remains good practice, however, to inform the meeting of the situation of arrears and of the actions taken, both for transparency and because managing defaulters directly affects the common fund.

In any case the manager must act with prudence and proportion: suspension is a tool of legitimate pressure, not a punitive sanction, and must be revoked as soon as the owner settles the position or agrees to a credible repayment plan.

The operating method, step by step

An orderly path reduces the risk of disputes and makes the measure defensible. In short it is best to proceed as follows, keeping a written record of each step.

• Verify that the arrears actually exceed six months, with the exact count of unpaid instalments and due dates.
• Confirm that reminders and the formal demand have already been sent and archived with date and recipient.
• Identify which common service is technically separable for the single unit, excluding water and essential services.
• Notify the owner in writing of the intention to suspend the service, stating the amount due and a deadline to pay.
• Activate suspension only after the deadline, and revoke it immediately upon payment or a repayment agreement.

Risks to avoid

The most serious mistake is suspending an essential or non-separable service: in these cases the owner can obtain reinstatement through urgent proceedings and the manager risks being liable for damages. Suspending without the six-month requirement, or without having documented the arrears, also exposes to disputes.

For this reason suspension should be seen as part of a coordinated recovery strategy, not as an isolated act. In AmministraPro the manager finds, in the same environment, the instalment schedule, the record of reminders and the up-to-date position of each owner, so as to assess with reliable data whether and when the requirements for suspension have matured. The management features and available plans are described on the /funzioni and /prezzi pages.

Frequently asked questions