Managing a condominium is a fairly complex practice and subject to detailed legal provisions. These are precise rules that also regulate the delicate figure of the condominium administrator and his possible obligation in condominium contexts.
Article 1129 of the Civil Code provides for the obligation to appoint an administrator only for properties consisting of at least nine condominiums.
As a result of this rule, for condominiums with up to eight owners there is therefore no obligation to appoint an administrator. But how does a condominium work without an administrator? In the following paragraphs here is an in-depth overview of the topic in question to try to clarify some essential points.
Condominium without administrator: how it works
According to current regulations, in the case of condominiums consisting of no more than eight condominiums, the figure of the condominium administrator is therefore not mandatory. In his absence, it is customary among the homeowners to appoint a contact person with the task of fulfilling the responsibilities established by law on behalf of all the other condominium owners.
In this regard, the person appointed as contact person will have to take care of the following important activities:
- reporting of costs incurred by the condominium;
- collection of condominium fees;
- payment of bills;
- application and quantification of withholding taxes on compensation paid to professionals or condominium employees;
- payment of withholding taxes applied;
- presentation each year of the Single Certification regarding the income paid in the previous year;
- management of cleaning of common areas.
However, all activities must be completed, even in the presence of a number of condominiums of fewer than nine. Furthermore, for any discussion regarding ordinary and extraordinary management, the relevant condominium meeting can be convened on the initiative of each condominium owner.
In other words, in fact the law, even in the absence of an administrator, does not exempt the condominium from some specific activities.
Condominium without administrator: the importance of a designated contact person
In the absence of the condominium administrator, the referent becomes an essential figure for the feasibility and management of certain mandatory activities. In the case of ordinary and extraordinary maintenance interventions, the contact person will take care of the practices useful for the correct carrying out of the work.
At the same time, he will be authorized to manage the current account in the condominium's name.
When setting up a condominium it is in fact necessary to open a tax code and a current account, both useful for managing relationships with third parties. The tax code is essential for identifying the property, without which relationships with third parties would not be possible.
By way of example, in the event of interventions necessary for the arrangement of the roof, the appointed company will have to make out the relevant invoice to the condominium, reporting exactly the relevant tax code. An invoice that evidently can never be made out to individual condominium owners.
All income and expenditure must then pass through the current account, both those of an ordinary and extraordinary nature. Black and untraceable operations by the tax authorities are not permitted.
Finally, the condominium, as a withholding tax, has the obligation to pay the withholding tax for the work carried out by the professionals and to submit the tax return using Form 770. All activities are the responsibility of the contact person in charge in place of the 'building administrator.
The condominium regulations
In the presence of a small number of owners, the condominium concerned may not have an administrator or specific regulations. Article 1130 of the Civil Code establishes the drafting of a regulation, with rules regarding the use of common areas, the division of costs and the protection of the decorum of the property, when there are more than ten condominiums.
Otherwise, the management of the common areas will be carried out exclusively with reference to the regulatory provisions of the Civil Code.
In truth, frequently the rules of the Civil Code are simply reported in the condominium regulations, while specific rules are rarely introduced. However, in the absence of a legislative obligation for condominiums with a small number of owners, the assembly has the power to write and vote on its own regulations.
A practice often used when there is a need to introduce particular rules.
Conclusions
The identification of an “acting” person, in the absence of a condominium administrator, is a common practice for carrying out the procedures useful for the correct management of the condominium.
This is a condominium owner responsible for carrying out some fundamental tasks such as cost reporting, collection of fees, bill payments and other obligations related to normal condominium life.
In the absence of even a reference person such as the contact person, condominium life would become quite complicated. In practice, from time to time it would be necessary to convene the condominium meeting even for the simplest tasks. In the latter case, management would become burdensome and the time required for any activity to be carried out would be very long.
