Released by Antonio Anile
Today, we’ll talk about how important it is to check the legal situation of the condo in which the house you intend to buy is placed.
In the meantime, it is advisable to give you some basic information on what is meant by “condo” (Condominio) in Italy.
A building in which there are only 2 owners of 2 separate sections of it can already be considered a condo.
However, with such a small number of residents, in this case, it is possible to manage the condo without the obligation of having to appoint a Condo Administrator.
In Italy, the obligation to appoint an administrator is only triggered when the building is composed of at least nine owners.
For a small condo (up to eight owners) there is no obligation and the owners can manage the building independently.
If a building consists of nine apartments, eight of which are owned by one person, that condo will consist of two individuals, and therefore it will not be mandatory to appoint the administrator.
What are the obligations if a condo consists of more than 8 owners?
- Appoint a Condo Administrator;
- Draw up the “Condo Regulations” and a “Shared Condo’s Services Chart” (Tabella Millesimale);
- The condo must have a Tax Code;
- The condo must open a bank account.
These 4 obligations arise from the need to be able to comply with the regulatory and fiscal aspects.
Let’s imagine that the condo has to face extraordinary expenses for the renovation of the facade.
It is important that, in addition to having a representative of the condo, that there is the possibility of paying the various suppliers and that the condo receives a regular invoice for the service obtained from the company that performed the works.
Often, for the works carried out, the condo is entitled to government subsidies.
Why is it important to know such aspects when looking for a property to buy in Italy?
When you have identified your ideal home and it is inserted into a building with other units, one of the first things to ask those who are showing you the house is:
“How many owners are there inside the building?”
You have no idea how many buildings are irregular, which means that they have more than 8 owners but have not legally established a condo.
Beyond the fact that the entire complex is irregular, here are some of the possible problems you might have when buying a property in such a situation:
- The absence of an administrator means that the condo is self-managed by the people living there.
Who will then regulate relations with suppliers, pay utilities and pay taxes to which a condo is subject?
If things are not done well, the same condo may find itself with penalties to be paid.
- If there is no Condo Regulation?
The Condo Regulation is the act containing the regulations regarding:
- Use of mutual assets;
- Breakdown of costs;
- Methods of protection of the decoration of the building;
- Administration;
- Rights and obligations of each owner over mutual assets.
“If you buy a house in a building without any regulations, where everyone can do what they want… prepare for the worst.”
If there is no “Shared Condo’s Services Chart” (Tabella Millesimale)?
The “Shared Condo’s Services Chart” (Tabella Millesimale) is a document, to be attached to the Condo Regulation, which summarizes the proportional value of each property unit within the condo.
According to what is reported in the chart, each owner pays his share of ordinary and extraordinary condo expenses (e.g. when renovating the facade).
Those who own a property with a surface area of 50 square meters will pay proportionally less than those who own a property of 150 square meters.
Imagine to buy a house in Italy in a condo in which the “Shared Condo’s Services Chart” has never been drawn up;
The entire building may not have insurance coverage for damage to third parties.
If you individually take out a policy, you will only be covered for your share of the property; if the damage caused to third parties is substantial and the other owners have not taken out any policy, your individual insurance may not provide enough coverage to compensate those who have suffered the damage.
For all these reasons I recommend, before signing a purchase proposal and paying a deposit to buy a house in a condo in Italy, to implement 5 specific actions:
- Ask how many owners are there and if the condo has been legitimately recognized as such.
- Demand a permission to the owner to contact the condo administrator directly and to have a chat with him. It is useful to understand if there are extraordinary expenses already decided, or in the process of being decided.
- Ask for a copy of the condo rules and read it carefully. You must ensure that the intended use of the house corresponds to what is provided in the rules of the condo. Even the presence of specific prohibitions, such as owning animals or installing air conditioners with parts to be placed outside, could be influential in the choice of the buyer.
- Get a statement of regular condo expenses.
- Most importantly: ask for a copy of the records of the last 3 meetings of the owners. From a careful reading of the records, in general, you can understand what is the “state of health” of the condo and identify problems of various kinds (disputes against third parties, etc. ..).
It is also necessary to be informed of the absence of outstanding condo expenses and of the presence of any ongoing lawsuits brought by the condo against third parties.
In fact, in these cases, you could have to pay eventual debts and legal expenses related to the lawsuit.
When you will be willing to buy a house in Italy, do not underestimate the situation of the condo it is part of, and check each and every detail. I am sure that by taking these little steps, you will be protected from unpleasant surprises.
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