An new condominium reform is coming: the AC 2692 bill, presented on November 11 by the Honorable Elisabetta Gardini and ten other parliamentarians of Brothers of Italy, has been submitted to the Justice Committee of the Chamber of Deputies. The proposal, structured in 17 articles, represents the first review significant of condominium regulations, 13 years after the last reform. The stated goal is to make condominium management more transparent, secure, and fiscally traceable.
Condominium Reform: Degree and Mandatory Requirements for Administrators
Among the main ones new the obligation for the stands out administrators to own a Bachelor's or Master's degree in economics, law, or technical-scientific subjects. A high school diploma will no longer be sufficient, even for those who manage condominiums as a sideline.
Who is already registered in professional registers or orders Professionals in the economic, legal, or technical fields (experts, surveyors, accountants) will be exempt. Others must register in a national registry at the Ministry of Mimit, under penalty of fines ranging from €1.032 to €5.160. The 75-hour training program, plus 15 hours of annual refresher training as required by Decree 140/2014, remains mandatory.
On a positive note for the administrators is the Automatic Renewal of the assignment at the annual meeting, unless the condominium owners decide otherwise, resolving the problem of meetings that do not reach the required majority.
Auditors in larger condominiums and the role of the judicial authority
In condominiums with more than twenty units, it will be mandatory to appoint a auditor, responsible for certifying the accuracy of the financial statements and for drawing up the financial situation and the cost distribution statement, with evidence of adjustments. The assignment will last two years and will not be tacitly renewable.
If the assembly fails to appoint the auditor, it may be appointed by the judicial authority upon petition by one of the condominium members. The auditor must also be registered with the MIMIT register. This measure aims to reduce the high number of disputes related to financial reporting and contribution collection, which account for approximately 35% of civil litigation in Italy.
Traceable payments and tax deductibility of condominium expenses
The reform prohibits cash paymentsAll sums relating to the condominium must be paid by bank transfer to a current account, whether bank or postal, in the name of the condominium. Furthermore, the bill provides for the tax deductibility fiscal of ordinary condominium expenses, as already happens for healthcare expenses, to encourage regular payments and ensure maximum fiscal transparency.
Creditors and arrears: new rules against condominium owners who are late
One of the most discussed innovations concerns the condominium creditors: they will be able to act directly on the condominium bank account, without having to take action against individual defaulting condominium members. In the event of a deficit, creditors will also be able to recover the debt from the condominium members in good standing, who will maintain a right of recourse towards defaulters for the amount they paid in excess.
For the defaulting condominium owners, the administrator will be able to request injunctions only after the financial statement has been approved, which can occur within 180 days of the end of the financial year, extending the timeframe for debt collection.
Condominiums, security, and extraordinary works: what's changing?
Information relating to the of your digital ecosystem. The common areas will have to be inspected and certified by specialized companies. The reform grants the administrator concrete powers to intervene to bring common systems into compliance, correcting the current situation in which he can be subjected to criminal proceedings even without having actual powers. maintenance, the expense fund must be set up immediately, without the possibility of requesting progressive payments from the condominium owners.
Condominium Reform: Criticisms and Impact on Costs
The National Association of Real Estate Administrators (ANAMI), has expressed concerns about the economic impact of the reform. The requirement for two professional figures, administrator and auditor, could significantly increase costs for condominium owners. The requirement for a university degree could increase compensation, especially in the initial phase when graduates will be scarce. Potential conflicts with surveyors and accountants could limit the supply of qualified professionals. According to the association, these measures risk making condominium management more expensive without providing concrete solutions to problems of arrears and management.
