Features & tools
Usufruct and bare ownership in condominium software
When a usufruct burdens a unit, two figures coexist: the usufructuary, who enjoys the property, and the bare owner, who retains ownership. In the software they must be recorded as distinct roles on the same unit, because the law divides both the right to vote and the expenses between them. Article 67 of the implementing provisions of the Italian Civil Code establishes that the usufructuary exercises the right to vote in matters of ordinary administration and simple enjoyment, while in the other cases the vote belongs to the bare owner. Correct configuration of the two roles avoids errors both on allocations and on notices of meeting.
Two different rights on the same unit
Usufruct is a real right of enjoyment: the usufructuary uses the property and draws its fruits, but does not own it. Bare ownership remains with another party, who will reacquire full ownership when the usufruct ends. These are frequent situations, for example after a gift with reservation of usufruct or following succession events.
In a condominium this duality must be represented precisely. Recording only the owner or only the usufructuary leads to sending notices to the wrong person and charging expenses to whoever does not owe them. The software must therefore allow both figures to be linked to the unit, each with their own role and contacts, without duplicating the property record.
Who votes: Article 67 disp. att.
The split of the vote follows Article 67 of the implementing provisions. The usufructuary exercises the right to vote in matters concerning the ordinary administration and simple enjoyment of the common things and services. In the other cases, including improvements, reconstructions and extraordinary maintenance of the common parts, the right to vote belongs to the bare owner.
For this reason the software must make it recognisable who is entitled to vote depending on the matter under resolution. Knowing in advance whether a notice concerns ordinary or extraordinary administration allows it to be addressed to the correct figure and attendance to be handled without disputes over the entitlement to vote.
- Ordinary administration and enjoyment: the usufructuary votes
- Improvements and extraordinary: the bare owner votes
- The notice must be addressed according to the matter
- Recording the two roles helps manage attendance and voting
Who pays: ordinary to the usufructuary, extraordinary to the bare owner
On the expenses side, the criterion mirrors the logic of enjoyment. In line with Articles 1004 and 1005 of the Italian Civil Code on usufruct, ordinary administration, maintenance and custody expenses tied to use fall on the usufructuary, while extraordinary maintenance expenses and those affecting the asset remain with the bare owner. Article 67 of the implementing provisions moreover provides that usufructuary and bare owner are jointly liable toward the building for the payment of contributions.
In the software this split becomes the ability to attribute the unit's expense items to one figure or the other according to their nature, ordinary or extraordinary. The software calculates the unit's share on the thousandths and then allocates it between usufructuary and bare owner based on the set criterion, producing notices consistent with each one's obligations.
Joint liability toward the building
An important practical point is joint liability. Even though, in the internal relationship, ordinary and extraordinary are split between the two figures, toward the building usufructuary and bare owner are jointly liable for the unit's contributions. This means that, in case of non-payment, the building can turn to both, subject then to the internal settlement of the relationship between the two figures.
Recording both parties correctly in the software, with up-to-date contacts, puts the manager in a position to handle any arrears in an orderly way, knowing who to address reminders to and being able to document the unit's overall position.
How to set up the two roles in the software
The flow starts from the record of the unit burdened by usufruct. You record the bare owner as holder of the real right and add the usufructuary role with their data and contacts. Then you set the criterion for splitting between ordinary and extraordinary, so the expense items are automatically attributed to the right figure.
When the usufruct ends, for example on expiry of the term or on the usufructuary's death, the role is closed with a date and the bare owner becomes full owner again. This step too must be tracked without deleting the history, so the periods and amounts of each figure remain documented.
- Record the bare owner as holder
- Add the usufructuary role with contacts
- Set the ordinary/extraordinary allocation
- Address notices according to the matter
- Close the usufruct at termination keeping the history
Correct configuration, error-free management
Faithfully representing usufruct and bare ownership in the software eliminates the two most common errors: charging extraordinary expenses to whoever enjoys the property or sending the notice on ordinary matters to the bare owner. With clear roles, the software directs expenses and voting to the correct figures and documents the joint liability toward the building.
AmministraPro lets you manage usufructuary and bare owner as distinct roles on the same unit, with a split between ordinary and extraordinary and separate contacts. The features are described on the /funzioni page and the plans for your practice on the /prezzi page.
Frequently asked questions
Who votes at the meeting, the usufructuary or the bare owner?
It depends on the matter. Under Article 67 of the implementing provisions, the usufructuary votes in matters of ordinary administration and simple enjoyment, while the bare owner votes in the other cases, such as improvements and extraordinary maintenance of the common parts. The software helps to address the notice to the correct figure.
Who pays ordinary expenses and who pays extraordinary ones?
In line with Articles 1004 and 1005 of the Italian Civil Code, ordinary and enjoyment expenses fall on the usufructuary, while extraordinary ones remain with the bare owner. The software attributes the unit's expense items to one figure or the other according to their nature and produces consistent notices.
Can the building demand payment from both?
Yes. Article 67 of the implementing provisions provides that usufructuary and bare owner are jointly liable toward the building for the unit's contributions. In case of arrears the building can turn to both, without prejudice to the internal split between the two figures according to the nature of the expenses.
Should I create two units for usufructuary and bare owner?
No. The unit stays a single record, on which the bare owner is recorded as holder and the usufructuary as an additional role. Duplicating the record would count the thousandths twice. The correct model is one unit with two linked figures and a criterion for splitting between ordinary and extraordinary.
What happens in the software when the usufruct ends?
You close the usufructuary role with a date, for example on expiry of the term or on death, and the bare owner becomes full owner again. The step must be tracked without deleting the history, so the periods and amounts of each figure remain documented for allocations and adjustments.
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