UNI certification for those who manage large condominiums
The heart of the provision touches on the requirements for practicing the profession of condominium administrator. The bill introduces the obligation of certification according to the technical standard UNI 10801:2024 for larger condominiums. In fact, the certification obligation concerns those who manage condominiums with budgets exceeding one hundred thousand euros or with more than fifty real estate units.
At the same time, the exemption which allowed the condominium owner chosen from among the owners of the building to be appointed without training requirements is eliminated.
The UNI standard in question defines the competence requirements and evaluation processes for condominium administrators and is a standard developed by private standardization bodies: transforming it into a legal requirement for the exercise of the profession is one of the points at the center of the debate even before the start of parliamentary work, also because it raises questions of compatibility with the current regulatory framework on non-professional professions.
Quarterly statements for greater transparency
In terms of current obligations, the bill introduces the publication of the condominium current account statement in a reserved area, accessible to condominiums within thirty days of the end of each quarter. A weighty obligation: failure to publish becomes a case of revocation.
The duration of the mandate becomes annual, renewable for the same period unless revoked. Also new on the compensation: the amount indicated at the time of appointment also applies to automatic renewals unless otherwise decided. Urgent activities carried out after the termination of the role then give the right to additional compensation up to a maximum of one twelfth of the annual compensation.
Building security is one of the administrator’s responsibilities
The most significant change on an operational level is the inclusion, in article 1130 of the civil code, of the obligation to have the safety conditions of the common parts of the building checked annually by a certified company. Until now, the safety of the common areas was entrusted to fragmented jurisprudence and uncoordinated obligations; the bill attempts to reduce it to an explicit obligation of the administrator.
A reduction in the majorities necessary to approve works imposed by mandatory safety regulations is also envisaged: in these cases a majority of one third of those present with at least one third of the value of the building is sufficient, a significant exception compared to the ordinary regime, which currently requires a vote in favor of the majority of those present and at least 500 thousandths.
The assembly faced with an expired fire prevention certificate, for example, will no longer be able to stall due to lack of numbers. The subscription of the policy to guarantee damages and civil liability towards third parties also becomes mandatory, with a maximum limit appropriate to the value of the building.
Arrears and sales
The rules on arrears also change. The six months of non-payment which triggers the recovery obligation must no longer be calculated per calendar year, but on the basis of the installment schedule approved by the meeting.
For those who exceed the deadline, suspension from all common services, including heating, is permitted. In fact, the text specifies that the suspension applies “regardless of the nature of the service” as long as the service is technically separable. Still on the subject of heating, the joint liability between the owner and the tenant is also included: the condominium will therefore also be able to turn to the latter if the owner does not pay.
Extended solidarity for those who buy
Another proposed modification is the extension of the passive solidarity of the buyer: whoever takes over the rights of a condominium owner will be called upon to be jointly responsible for the payment of contributions relating to the current year and the two previous financial years, compared to only the previous year currently foreseen by the art. 63 of the implementing provisions.
The notary will be obliged to acquire from the administrator the declaration on the state of arrears of the property before the deed.
Finally, the condominium automatically becomes a preferential creditor in the case of a property sold at auction.
The crux of civil and criminal liability
In parallel to this, an exemption clause from civil, criminal and administrative liability is introduced in favor of the administrator who demonstrates that he has not been able to fulfill his obligations due to the arrears of the condominium owners. Exemption from criminal liability is today a provision that goes beyond the usual boundaries of the mandate contract, and the new proposed formulation shifts the dispute to proof of default as the cause of non-fulfillment.
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