Managing a condominium is never an easy task, especially when it comes to enforcing rules that involve all residents. Among these, one of the thorniest issues is certainly the waste sorting.
It is not uncommon for problems to arise in a condominium due to failure to comply with the correct waste disposal procedures.
But what are the responsibilities at stake and what can the administrator do to ensure a clean and tidy environment?
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The legal responsibilities of the condominium
Waste management in a condominium is not only about good coexistence between residents, but is also a matter of compliance with the laws.
In particular, the Environmental Code (Legislative Decree no. 152/2006) establishes specific obligations for those who do not dispose of waste correctly. Articles 192 and 255 of the Code prohibit the abandonment of waste and require anyone who violates to remove the waste, restore the area and face possible fines.
Article No. 192
No abandonment allowed1. The uncontrolled abandonment and deposit of waste on and in the ground is prohibited.
2. The discharge of waste of any kind, in solid or liquid state, into surface or underground water is also prohibited.
3. Without prejudice to the application of the sanctions referred to in Articles 255 and 256, anyone who violates the prohibitions referred to in paragraphs 1 and 2 is required to proceed with the removal, recovery or disposal of waste and to restore the state of the places jointly with the owner and with the holders of real or personal rights of enjoyment on the area, to whom such violation is attributable by reason of intent or negligence, based on the investigations carried out, in contradiction with the interested parties, by the subjects responsible for the control. The Mayor shall issue an ordinance ordering the operations necessary for this purpose and the deadline within which to proceed, after which he shall proceed with the execution to the detriment of the obliged parties and the recovery of the sums advanced.
4. If the liability for the unlawful act is attributable to directors or representatives of a legal person pursuant to and for the purposes of paragraph 3, the legal person and the subjects who have taken over the rights of the person itself shall be jointly and severally liable, in accordance with the provisions of Legislative Decree no. 231 of 8 June 2001, regarding the administrative liability of legal persons, companies and associations.
Note to art. 192:
– Legislative Decree No. 231 of 8 June 2001, published in the Official Journal No. 140 of 19 June 2001, states: «Regulation of the administrative liability of legal persons, companies and associations, including those without legal personality, pursuant to art. 11 of Law No. 300 of 29 September 2000».
Article No. 255
Abandonment of waste1. Without prejudice to the provisions of Article 256, paragraph 2, anyone who, in violation of the provisions of Articles 192, paragraphs 1 and 2, 226, paragraph 2, and 231, paragraphs 1 and 2, abandons or deposits waste or releases it into surface or underground waters shall be punished with a fine of between one thousand and ten thousand euros. If the abandonment involves hazardous waste, the penalty shall be increased by up to double.
1-bis. Anyone who violates the prohibition under Article 232-ter shall be punished with an administrative fine of between thirty and one hundred and fifty euros. If the abandonment concerns waste tobacco products under Article 232-bis, the administrative fine shall be increased up to double.
2. The owner of the collection centre, the dealer or the owner of the branch of the manufacturer who violates the provisions of article 231, paragraph 5, shall be punished with an administrative pecuniary sanction ranging from two hundred and sixty euros to one thousand five hundred and fifty euros.
3. Anyone who fails to comply with the Mayor’s order referred to in Article 192, paragraph 3, or fails to fulfill the obligation referred to in Article 187, paragraph 3, shall be punished with imprisonment for up to one year. In the conviction or in the sentence issued pursuant to Article 444 of the Code of Criminal Procedure, the benefit of conditional suspension of the sentence may be subordinated to the execution of the provisions of the order referred to in Article 192, paragraph 3, or to the fulfillment of the obligation referred to in Article 187, paragraph 3.
These obligations fall both on the person directly responsible for the abandonment and on the owner of the area, if the violation can be attributed to the latter’s intent or fault.
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The role of the condominium administrator
The condominium administrator has a central role in managing separate waste collection and ensuring compliance with the rules. According to Article 1130 of the Civil Code, his duties include that of “regulate the use of common things and the enjoyment of services” in order to ensure the best enjoyment of the common areas for all condominium members.
In this context, the administrator can adopt various preventive measures, such as posting notices in common areas to remind residents of the correct methods of waste disposal.
Additionally, you may request the installation of additional bins if the existing ones are not sufficient to handle the volume of waste produced.
When violations of the rules of separate collection become recurrent, the administrator must consider adopting more incisive measures. One of the most common solutions is the installation of cameras in common areasa decision that however requires the consent of the majority of the condominium members, as established by the privacy regulations.
This measure can be effective in identifying offenders and discouraging bad behavior. Furthermore, the condominium regulations It may provide for financial sanctions for those who do not respect the rules, thus facilitating the imposition of penalties in case of infringements.
If the problem persists, the administrator also has the right to contact the competent authorities to report the violations and request a more decisive intervention.
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Conclusions
Managing separate waste collection in a condominium requires not only compliance with regulations, but also the active collaboration of all residents. The administrator can do a lot to ensure that the rules are respected, but the success of these initiatives depends largely on the commitment of each individual condominium owner.
Only through responsible behavior and respect for common rules can a clean and safe environment be guaranteed for everyone. In case of difficulty, communication between condominium members and the administrator is essential to resolve the problems without having to resort to drastic measures.
