Owning an apartment in a condominium entails not only rights but also duties. One of the fundamental aspects is the right to access the administrative and accounting documentation of the building.
But what exactly does the law provide in this regard? What are the procedures to follow to view these documents? And what are the obligations of the condominium administrator?
Let’s find out together in this article, delving into the laws, sentences and practices that regulate access to condominium documentation.
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The legislation on the matter
Owners of apartments located within a condominium always have the right to view the administrative and accounting documentation relating to the past and present history of the building.
According to the sentences n. 2650 of 19 May 2008 and n.1544 of 28 January 2004, issued by the Civil Cassation, Section II, which regulate the Condominium owner’s right to information on administrative and accounting documentation, the owner or anyone who claims real or enjoyment rights on a real estate unit, such as, for example, usufruct or bare ownership, can request at any time to view the documents relating to the building.
According to the law, condominium administrators are not obliged to attach to the letter calling the meeting a copy of the documents to be approved on that occasion, but they must always make them available for consultation by condominium owners who make a prior written request (Ruling of the Civil Cassation, Section VI, no. 21271 of 5 October 2020).
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How to view condominium documentation
Viewing the condominium documentation, also in order to verify the expenses that have been incurred, drawing on the common funds, in the interest of the building, is very simple: after having made an appointment at the administrator’s office, within the opening hours to the public, by sending a formal request, via registered mail with acknowledgement of receipt and/or a communication via certified email, just go there in person and ask the administrator for a copy of the documentation relating to the building.
The condominium owner can make this request at any time and without having to specify the purpose of the request, which can be aimed at simply consulting the documents or producing paper or digital copies.
By making such a request, the condominium owner must only ensure that he/she does not hinder the administrator in his/her usual activities of managing the building, that he/she acts in good faith and that he/she personally bears the costs of producing copies of the documentation, without charging them to the condominium.
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The administrator’s obligations
The condominium administrator is the executive figure, recognized by law and elected by the owners gathered in an assembly, who must operate on the basis of the resolutions and as provided in the building regulations to manage the assets and common areas of the condominium, collecting the necessary funds.
Once the task of managing the property has been accepted, the administrator is therefore required to comply with certain obligations, clearly stated in article 1130 of the Civil Code.
Specifically, to facilitate access to condominium documentation by owners, it must:
- communicate your personal and professional data
- disclose the address of your professional office, where the documentation is kept, and the days and times when, upon request, it is possible to view the documents free of charge or make a copy of them.
In the event that the administrator prevents the condominium owner from exercising the right of access to condominium documents, the latter can turn to the Judicial Authority or resort to an injunction, or to that procedure which allows one to obtain, in a short time, that a judge orders the defaulting administrator to deliver a copy of the requested documentation (art. 633 of the Code of Civil Procedure).
The administrator, therefore, as required by law, must always allow the condominium owner, as soon as possible, to personally view the documents relating to the building or provide him with a copy via email.
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Which condominium documents can be viewed?
The documents that, upon request, can be consulted by a condominium owner are those that concern the administrative and accounting management of the building.
Among the main ones, there are:
- the condominium registry recordswhich contain the personal data of the individual owners and of all those who have rights of enjoyment on the apartments, the address at which they wish to receive communications, the title of occupation of the real estate units and the related land registry references
- the registers of the minutes of the meetingswhich officially list all the resolutions and the personal details of the participants in the meeting
- the director’s appointment and dismissal registerswhich report, in chronological order, the dates relating to the various assignments, and, if present, the details of the injunctions
- the certification of the status of payments of condominium charges and any ongoing disputes, very useful, in the case of the sale of an apartment, to know the financial situation
- the administrator’s compensationnormally indicated at the time of acceptance of the appointment to manage the condominium
- the management estimate, or that document which lists in an analytical way the expenses that the condominium will have to face during the year and which presents, in the attachment, also the costs, divided into shares, based on the thousandths tables, that the condominium owners will have to pay
- the final budgetor the register compiled annually by the administrator, which reports all the expenses incurred by the condominium, whether they are ordinary (such as the costs for cleaning the common areas, for the maintenance of the green spaces and the elevator, the intercom, the gates, the doors, the lighting and the fire extinguishers, the costs of the bills and insurance and, finally, those foreseen for the drainage of waste water) or extraordinary (i.e. incurred for the replacement of damaged common parts such as gutters, electronic devices, fixtures, locks, mailboxes and meter cabinets).
In conclusion, a clear and transparent management of the condominium requires that the administrator never shirks the duty of collaboration with the owners and the obligation to inform them of everything concerning the building in which they live, committing to always making the documentation produced available for consultation, not only so that the condominium owners can be aware of the bureaucratic and accounting situation of the building but also so that they can, at any time, check the work of the person in charge of managing the condominium.