Condominium rules and fees when you own a flat in Italy

What is shared

Article 1117 of the civil code lists what belongs to all owners unless the title says otherwise: everything the building needs for common use, including the land it stands on, foundations, load-bearing walls, pillars and beams, roofs and flat roofs, stairs, entrance doors, courtyards and façades; parking areas and common rooms such as the concierge’s premises and laundry; and installations made for common use, such as lifts, wells, cisterns, water and drainage systems, central gas, electricity, heating, air-conditioning and aerial or cable systems up to the point where they branch to individual flats. Your sale deed and the building’s rules can alter this, so ask the notary.

Each owner’s right in the shared parts is proportional to the value of the flat (article 1118), you cannot waive it and you cannot avoid paying for the upkeep of shared parts, even by changing what your flat is used for. You can give up central heating or cooling if leaving it does not seriously unbalance the system or burden the others; you then still pay the extraordinary maintenance of the plant and its conservation and compliance.

How the costs are split

Under article 1123, the costs of preserving and enjoying shared parts, shared services and improvements voted by the majority are split in proportion to the value of each owner’s property, unless a contract provides otherwise. Where things serve owners unequally, costs are split by use; where a building has several stairs, courtyards or systems serving only part of it, only the group that benefits pays for their upkeep. The tabella millesimale (millesimal table) records each flat’s share and is the document to ask for when you compare costs.

The administrator

Article 1129 says that when there are more than eight owners and the meeting has not appointed one, the court appoints an administrator at the request of one or more owners or of an outgoing administrator. The administrator must give the meeting his or her personal and professional details and must put all money in and out through a dedicated bank or postal account in the condominium’s name. Any owner can ask, through the administrator, to see and copy the periodic accounts at their own expense. Appointment lasts one year and renews for equal terms; the meeting can dismiss the administrator at any time, and a court can dismiss in cases of serious irregularity, for example failure to call the meeting to approve accounts or failure to use the dedicated account. On acceptance, the administrator must state in detail the fee for the job, on pain of nullity of the appointment. The meeting may also require a personal professional-liability policy as a condition of appointment.

Meetings and majorities

Under article 1136, in first call the meeting is valid when owners representing two thirds of the building’s value and a majority of the owners attend, and a decision needs a majority of those present representing at least half of the building’s value. If first call fails, a second call is held on a later day, no later than ten days after, valid with owners representing one third of the value and one third of the owners; a decision passes with a majority of those present representing at least one third of the value. Some decisions always need the first-call majority (a majority of those present representing at least half of the building’s value), even in second call: appointing or removing the administrator, major repairs or rebuilding, and certain legal actions. General “innovations” under article 1120 need a majority of those present and two thirds of the value, while works for safety and health, removing architectural barriers, saving energy and producing renewable energy can be voted with that first-call majority of half the value. All owners must be properly summoned, or the meeting cannot decide.

For approved extraordinary works and innovations, the meeting must set up a special fund equal to the amount of the works (article 1135), unless the contract pays by stages, in which case the fund can follow the payments.

Disagreeing with a decision

Decisions bind every owner. A decision that breaks the law or the house rules can be challenged in court by an owner who was absent, dissented or abstained, within 30 days: counted from the date of the decision for those who dissented or abstained, and from the date they were notified of it for those absent. Filing does not suspend the decision unless the court orders it.

House rules

A building with more than ten owners must have written rules covering the use of shared parts, the split of costs, the protection of the building’s appearance and administration (article 1138). Any owner can start the drafting or revision. The rules cannot reduce rights in the deeds of purchase, and cannot ban the keeping of domestic animals.

Works in your flat

You may not carry out works in your own unit or in parts assigned to your exclusive use that damage the shared parts or harm the stability, safety or architectural appearance of the building, and you must notify the administrator, who reports to the meeting (article 1122). Check this before you start renovation works. If shared parts are renovated and you claim a tax deduction, the Agenzia delle Entrate says you must keep the owners’ resolution approving the works and the table splitting the costs (the renovation deduction).

Arrears and buying or selling

Article 63 of the implementing provisions lets the administrator obtain an immediately enforceable payment order without the meeting’s authorisation and tells him or her to give the names of defaulting owners to creditors who ask. Creditors can pursue owners who are up to date only after pursuing the others. After six months of arrears the administrator may suspend the defaulter from shared services that can be enjoyed separately.

For a transfer, whoever takes over a unit is jointly liable with the seller for the contributions of the current year and the previous year, and the seller remains jointly liable with the buyer until a certified copy of the title is sent to the administrator. Before you sign, ask the administrator for the owner’s position, the approved budgets, the minutes of recent meetings, the rules, and any works voted and how they are to be paid. The notary and your property due diligence should cover this.

Which professional to consult

The building’s administrator for the figures; a notary for the deed and the transfer; a surveyor or architect for works.