The new article 71-bis of the Civil Code. of our country requires that anyone who takes on the role of condominium administrator must hold a secondary school diploma and have attended a training course in condominium management. Therefore, before understanding how long the term of a condominium administrator lasts, it is important to know the requirements, according to the latest legal regulations, for someone to take on this role. However, these requirements are not necessary if the administrator is appointed from among the members of the condominium. Additionally, those who have served as condominium administrators for at least one year during the three years before the entry into force of this provision are authorized to perform the administrative role without the above-mentioned requirements (provided they still undergo mandatory periodic training). As one might expect, these exceptions no longer apply if the individual has been convicted by a national court.
In condominium management, at the expiration of the administrator’s first year in office, it is legitimate to ask: how long does the term of a condominium administrator last? “The role of the administrator lasts for one year and is automatically renewed for the same duration. The assembly convened for the revocation or resignation of the administrator will decide on the appointment of the new administrator.” This is the wording of paragraph 10 of Article 1129 of the Civil Code. in practice, this has raised some doubts. The difficulty in interpretation concerns whether or not the renewal of the mandate must be explicitly addressed during the condominium assembly. Additionally, from Article 1135 of the Civil Code and 66 of the provisions for the implementation of the Civil Code, it is clear that the administrator is required to convene the annual assembly to allow it to address, among other matters, the issues related to their confirmation and any potential remuneration.
the Milan Court, in an order dated October 7, 2015, clarified that omitting the appointment of the administrator from the agenda of the assembly is by the most recent condominium regulations, according to which the one-year term of an administrator’s mandate is automatically extended for another year in the absence of a revocation resolution by the assembly itself.. The Court of Cassino, with a decree issued on January 21, 2016, adopted the same interpretation, ruling in voluntary jurisdiction on the case of a condominium owner. The owner had requested the revocation of their administrator for failing to include, in the agenda of the last assembly coinciding with the end of the mandate, the item regarding the confirmation or revocation of the administrator’s appointment. Rejecting the condominium owner’s appeal, the judge stated that, according to Article 1129, paragraph 10 of the Civil Code, the administrator’s mandate, lasting one year, is automatically renewed for the same duration, and therefore, there was no need to convene the assembly for that purpose, except for the assembly’s right to decide on its revocation. Based on the rulings of the Courts of Milan and Cassino, current case law seems to be oriented towards considering the renewal of the administrator’s mandate automatic once the first year of service has ended, in order to provide greater stability for the administrator in carrying out their duties, in the best interest of the condominium. The legal principle remains that the administrator’s mandate can be revoked at any time by a resolution of the assembly, based on the procedures outlined in the condominium regulations or by the majority required for their appointment, according to paragraph 11 of Article 1129 of the Civil Code.
In the management of a condominium in Turin, in the case of condominium disputes, the administrator will need to rely on the consulting services provided by a law firm with consolidated experience in the many aspects of this area of law. A law firm that is consistently updated on current regulations, both at the local and national levels, possesses the expertise to adequately assist the condominium owners, collaborating with their administrators and providing, from time to time, the necessary legal advice.. A law firm professionally equipped for this task can resolve most condominium disputes arising during the management of a condominium in Turin, avoiding the need to resort to the judiciary, thanks to the expertise of its lawyers specialized in solving issues related to the use, maintenance, and management of common spaces and activities within the condominium. Legal advice protects condominium owners in cases such as, for example, an action for liability initiated due to negligent management; the appeal of a condominium assembly resolution; or the judicial revocation of an administrator. The consulting services of a law firm also support a condominium administrator, both in judicial and extrajudicial matters, in the revision of the millesimal tables and condominium regulations in case of errors; in verifying the execution of any work according to legal criteria; and in intervening in disputes, whether active or passive.
