Condominium non payers
May 6th 2018, 12:34 pm
#1
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Location: Central Italy
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Condominium non payers
I live in a condominium of 12 flats. One of the residents has moved out of his flat and has failed to make any payments to the condominium in the last year. The manager of the condominium wants the other 11 residents to pay the unpaid fees and to also employ a lawyer to prosecute the non paying ex resident.. It seems to me that the fault lies with the manager in not chasing up non payers in the first place so he should take the loss. Does anyone know the rules in this situation?
May 7th 2018, 5:13 am
#2
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Re: Condominium non payers
Welcome to the 8th Circle of Hell - Dante reserved a special place for Condo Administrators!
With the new rules the administrator is responsible if he causedthe 'danni' to the other condomini - so you could argue that by not collecting the dosh he caused the danni. I have never seen this approach win with a debt. What usually happens is that the condomini pick up the bill - but if there is not 100% unanimity on the vote, it cannot pass. There is a ruling in cassazione (7103/2013) which shows the responsiblity of the administrator, but (now like with ENEL) in Italy those who pay bills everntually have to pay the bills of those who dont.
With the new rules the administrator is responsible if he causedthe 'danni' to the other condomini - so you could argue that by not collecting the dosh he caused the danni. I have never seen this approach win with a debt. What usually happens is that the condomini pick up the bill - but if there is not 100% unanimity on the vote, it cannot pass. There is a ruling in cassazione (7103/2013) which shows the responsiblity of the administrator, but (now like with ENEL) in Italy those who pay bills everntually have to pay the bills of those who dont.
May 7th 2018, 5:53 am
#3
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Re: Condominium non payers
Thanks for your advice Modicasa. We will have to pay up. I dont like the idea of employing a lawyer though. Just good money after bad.
The family who departed kept a guard dog and they never cleaned up after it so at least there is a positive side to the thing.
The family who departed kept a guard dog and they never cleaned up after it so at least there is a positive side to the thing.
May 7th 2018, 8:26 am
#4
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Re: Condominium non payers
Were they tenants or owners? If they were tenants, the owner picks up the bill. If they are the owners and they have just left, it's highly likely that they have also defaulted on the mortgage and suing them would be useless. Proving that the building manager is a vault for not chasing the money could be very difficult and costly if you lose the case.
May 7th 2018, 8:31 am
#5
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Re: Condominium non payers
Were they tenants or owners? If they were tenants, the owner picks up the bill. If they are the owners and they have just left, it's highly likely that they have also defaulted on the mortgage and suing them would be useless. Proving that the building manager is a vault for not chasing the money could be very difficult and costly if you lose the case.
