One of the most discussed issues in the condominium assembly concerns the possibility of making public the names of the defaulting condominiums. Is it lawful? Can an administrator inform other tenants about pending debts?

The Court of Cassation replied with ordinance no. 3498 of 11 February 2025, clarifying that not only is it possible, but it is a precise duty of the administrator.

But what are the limits of this transparency? How can the administrator communicate this information without violating privacy?

Let’s find out in detail.

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The duty to inform: what the Cassation says

With theOrdinance n. 3498/2025the Court of Cassation has established that the condominium administrator has both the right and the duty to inform the condominiums about the existing debts and any ongoing legal actions. The ratio of the sentence is to guarantee transparency in the economic management of the condominium, avoiding that few debtors damage the entire community.

The sentence specifies that this communication must take place within the condominium context and in ways that respect confidentiality.

For example, it is not legitimate to place a list of defaulters in publicly accessible spaces, but it is legitimate to communicate it to the assembly or through notices intended exclusively for condominiums.

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Why is transparency fundamental in condominium?

The administrator often has the difficult task of justifying its choices, especially when it comes to credit recovery or condominium budget. Failure to communicate pending debts could generate diffidence and misunderstandings among tenants.

The Cassation has in fact specified that The right to privacy of the individual cannot prevail over the collective interest in the correct management of condominium finances. In many cases, the debts of some condominiums fall on others, forcing those who are in compliance to take charge of the expenses of others.

For this reason, knowing the financial situation of the condominium is everyone’s right.

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As the administrator can communicate the arrears in compliance with privacy

The sentence places a clear limit: Communications must remain reserved for condominiums. This means that:

  • The administrator can inform the condominiums in the assembly, providing a detailed report of the financial situation.
  • It is possible to send written communications to the individual condominiums, indicating the debtors and actions taken for the recovery of the credit.
  • It is not allowed to publicly take place lists of defaulters in places accessible to strangers (for example, in the bulletin board of the condominium entrance hall).
  • This information cannot be disseminated to people not involved in condominium management.

These rules guarantee a balance between the right to privacy and the need for transparency in the management of the condominium.

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What consequences for defaulting condominiums?

The goal of communication is not only to inform, but also to urge the payment of debts. Knowing that their arrears will be communicated to other condominiums can push those who are late to regularize their position. Furthermore, if the situation becomes critical, the condominium can decide to start legal actions or even request the attachment of the property.

According to the Cassation, the condominium has every right to protect itself from prolonged insolvency situations, especially when the non -payment of condominium expenses highlights the functioning of common services.