Unlicensed condominium administrator: what to do and what risks do you run?

The condominium administrator plays a central role in managing the common parts of the building and in coordinating relations between condominiums. However, it is essential that whoever holds this position possesses the necessary requirements and qualifications required by law.

Have you ever wondered if your administrator is in compliance with the law? What happens when the administrator of a condominium is not authorized?

This article explores the possible legal, economic and practical consequences of non-compliant management, with reference to laws governing the matter.

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Legal requirements for the condominium administrator

The reference legislation for condominium administrators is Law 220/2012, also known as Condominium reformwhich introduced a series of essential requirements to be able to fill the role. Among the personal requirements, in addition to having a secondary school diploma, the administrator must:

1. Have no criminal record for crimes against public administration, public faith, property or any crime which entails imprisonment for a period exceeding two years.
2. Not having been banned from holding public office or incapable of contracting with the public administration.
3. Don’t appear protested for checks or bills.
4. Not be subjected to preventive measures such as receivership or special surveillance.

In addition to personal requirements, there are professional ones, which include attending a initial training coursespecific to the figure of the administrator, who has a minimum duration established by law, and a annual refresher course lasting at least 15 hours, necessary to keep the qualification active.

Finally, to ensure transparency, the administrator must be in possession of a professional insurance policy which covers any damage caused during the exercise of its activity.

In the absence of these requirements, the administrator is considered untitled and so incapacitated to carry out the function. This can lead to nullity of the resolutions meetings that he chaired, the freezing of management documents and, in the most serious cases, the possibility that condominium owners request compensation for damage caused by inefficient or improper management.

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The legal consequences of an unlicensed administrator

If the condominium administrator does not possess the requirements established by law, his appointment may be considered Nothing or voidable. The distinction between nullity and annulability is crucial, as it determines the legal action to be taken:

• Nullity: it means that the act of appointment is as if it had never existed. In this case, any decision made by the administrator has no legal value and can be challenged by any condominium owner at any time. Documents signed by the administrator (such as contracts with suppliers or payment orders) may result ineffectiveexposing the condominium to potential disputes.
• Cancellation: if the defect concerns a remediable aspect (for example, the lack of the annual refresher course), condominium owners can request the cancellation of the appointment within a certain period of time, normally within 30 days of discovery of the defect.

In both cases, the discovery that the administrator is not authorized results its mandatory revocationwhich can be decided by the condominium assembly with the majorities required by law (art. 1136 cc) or requested directly from the judge upon request of one or more condominium owners.

Also, an unlicensed administrator could be civilly and criminally liable for any damage caused to the condominium. For example, if during its management errors occur in the condominium accounting or in the maintenance of the common areas, the condominium can request the compensation for damages due to negligence or bad management.

These legal implications make it crucial for condominiums periodically check the documentation and the qualifications of the administrator, so as to avoid unpleasant surprises and negative economic consequences.

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How to check if an administrator is enabled

Verifying the qualification of an administrator is an essential step to ensure correct management of the condominium and prevent future problems. There are various tools and methods that condominium owners can use to ensure the regularity of their administrator’s position:

1. Request documentation: the administrator is obliged to provide, upon request of the assembly or of an individual condominium owner, all the documentation relating to his qualification, including:
   • Certificate of the initial training course and certifications of the annual refresher courses.
   • Copy of insurance policy professional, with details on ceilings and coverage.
   • Certificate of absence of pending charges, demonstrating his legal integrity.
2. Consult the register of condominium administrators: although there is no national register, many municipalities and trade associations, such as theANACI (National Association of Condominium and Real Estate Administrators) or theANAMMI (National Association of Property Managers), maintain public lists of authorized administrators who comply with regulatory requirements. Condominiums can consult these lists to check if their administrator is registered and if his credentials are up to date.
3. Verification through the register of condominium auditors: Some administrators, especially those with more in-depth skills, are also certified condominium auditors. Their registration can be verified through the platforms made available by the bodies that issue these qualifications.
4. Request a legal audit: in case of doubts about the suitability of the administrator, condominium owners can contact a lawyer specialized in condominium law to obtain a legal opinion and, if necessary, proceed with a revocation or complaint action.

Following these steps helps to protect the condominium from any management problems and to keep the relationship with the professional in charge transparent. A non-compliant administrator could not only damage financial management, but also put the safety and integrity of the building at risk.

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What to do if the administrator is not enabled

In the event that the condominium owners discover that theadministrator is not enabledit is necessary to act promptly to avoid further complications.

The first thing to do is to call an extraordinary meeting, including on the agenda the verification of the director’s requirements and, if necessary, his replacement. This request can be made by at least two condominium owners representing one sixth of the overall thousandth value.

During the meeting, if the absence of the necessary requirements is ascertained, it is possible to revoke the administrator with a simple majority of those present. It is important that the reason for the revocation is specified in the minutes of the meeting, citing the irregularities found, to make the procedure transparent.

After the revocation, it is essential to appoint a new administrator who possesses all the requirements required by law. This step guarantees administrative continuity and the legitimacy of future decisions. If necessary, it is possible to designate a temporary administrator until the next condominium meeting, so as to avoid management gaps that could further damage the condominium.

At the same time, it is appropriate to request the outgoing administrator to provide complete reporting of his management. If he refuses to provide it or proves non-compliant, the condominium owners can resort to legal action to obtain a full accounting and verify that there have been no irregularities in the accounting.

In the event that you suspect that the director has acted maliciously or that the lack of requirements is linked to fraudulent behaviour, it is possible to file a complaint with the Judicial Authority or the Company Court. In this scenario, the director could be prosecuted for abusive practice of the profession, with potential criminal consequences. If the management of the unlicensed administrator results in economic damage to the condominium, such as the signing of unfavorable contracts or the lack of maintenance of common facilities, the condominium owners can evaluate the option of starting legal action to request compensation for the damage suffered.

In any case, acting promptly is essential to protect the condominium from further problems and ensure that management is entrusted to a qualified professional who complies with the provisions of the law. An accurate verification of the documentation and the administrator’s skills can prevent situations of uncertainty and ensure correct and transparent management of the building.