Italian Condominium Law: What Foreign Property Owners Should Know

Purchasing an apartment in an Italian building means automatically becoming a member of a condominio — a legal institution with precise rules, financial obligations, and a decision-making structure that many foreign owners initially find difficult to understand. The Italian condominio is not a voluntary association: it is a form of mandatory co-ownership of the building’s common parts, governed by statutory rules that apply automatically from the moment of purchase.

Condominium law is set out in Arts. 1117–1139 of the Civil Code and was significantly reformed by Law no. 220 of 11 December 2012 (the condominium reform), which modernised the rules on the owners’ assembly, the building manager (amministratore), accounts, works, and the protection of individual owners. This guide explains the most practically relevant aspects for the foreign property owner.

The Structure of the Italian Condominio

Common Parts

In a condominium building, ownership is divided between individually owned units (the apartment, garage, or storage space) and common parts (Art. 1117 c.c.) in which all owners hold a share proportionate to their millesimi. Common parts typically include the land and foundations, the roof and facades, the staircases and entrance doors, the shared installations, the courtyard and garden, the communal car park, and the lift. Common parts cannot be transferred separately from the individually owned unit.

Millesimal Tables

Millesimal tables (tabelle millesimali) express the proportional value of each unit relative to the entire building on a scale of 1,000. They determine each owner’s share of common expenses and the weight of their vote at the assembly. Millesimal tables may be amended by unanimous agreement. In the exclusive cases set out in Art. 69 of the implementation provisions of the Civil Code — an objective error in the original values, a change in the building’s conditions that alters the proportional value of a unit by more than one fifth, or a purely declaratory function vis-à-vis the statutory allocation criteria — amendment by qualified majority suffices. Outside these exhaustive cases, any amendment requires unanimity.

Amendment of millesimal tables — Cass. civ., Sec. II, nos. 22979/2026 and 13855/2026: amendment by qualified majority under Art. 69 of the implementation provisions is available only in the exhaustive statutory cases (objective error, alteration exceeding one fifth, declaratory function); any other amendment requires unanimity. Cass. civ., Sec. II, no. 22816/2026: millesimal tables cannot be formed or amended by conduct (facta concludentia). Cass. civ., Sec. II, no. 24085/2022: the assembly cannot delegate amendment of the tables to a technical expert.

The Owners’ Assembly

The owners’ assembly is the decision-making body of the condominio. Its resolutions are binding on all owners, including those who voted against or were absent.

Notice and Agenda

The assembly must be convened by the building manager with at least five days’ notice (Art. 66 of the implementation provisions). The permitted forms of notice are exhaustive: registered letter, certified email (PEC), fax, or delivery by hand with acknowledgement of receipt. Notice by ordinary email or messaging applications (WhatsApp etc.) is not valid. The five-day period runs from the moment the notice comes within the recipient’s sphere of awareness — not from the date of dispatch; where a registered letter is not delivered, the relevant date is the date of the postal collection notice. The statutory minimum period may only be extended by the building regulations, never shortened.

The notice must specify the agenda: resolutions on matters not included in the agenda may be annulled. For the foreign owner it is essential to provide the building manager with a PEC address or a postal address for registered letters, in order to receive notices in the required form.

Notice — Trib. Milano no. 4396/2026: the five-day period runs from the moment the notice enters the recipient’s sphere of awareness, not from the date of dispatch. Trib. Nocera Inferiore no. 21/2025: where a registered letter is not delivered, the relevant date is the collection notice. Trib. Santa Maria Capua Vetere no. 269/2025: notice by WhatsApp or notice board is invalid. Trib. Velletri no. 848/2026: the statutory period may only be increased by the regulations; participation by videoconference, even without a regulatory provision, requires the majority’s consent and must be formally stated in the notice of meeting.

Required Majorities

The Civil Code sets different majorities depending on the importance of the resolution:

• Second call (ordinary management): validly constituted with at least one-third of the participants and one-third of the building’s value; resolutions passed by a majority of those present representing at least one-third of the value (Art. 1136, para. 3, c.c.).
• Majority of half the value (Art. 1136, para. 2, c.c.): appointment and removal of the building manager, litigation decisions, reconstruction of the building, major extraordinary repairs, amendments to the building regulations — majority of those present representing at least half the value.
• Majority of two-thirds of the value (Art. 1136, para. 5, c.c.): innovations under Art. 1120 c.c. — majority of those present with at least two-thirds of the building’s value. Note: innovations do not require merely a majority of half the value; two-thirds are required.
• Unanimity: disposal or modification of common parts that affect individual owners’ rights; amendment of millesimal tables outside the exhaustive cases of Art. 69 of the implementation provisions.

Proxy and Remote Participation

An owner who cannot attend in person may be represented by a proxy holder under a written authority (Art. 67 of the implementation provisions). The building regulations may not exclude the right to grant a proxy. Remote participation is permitted where the regulations provide for it or where the assembly so resolves on a case-by-case basis; it must be formally stated in the notice of meeting.

Challenging Assembly Resolutions: Nullity and Voidability

Assembly resolutions may be voidable or null — and the distinction has fundamental consequences for the time within which action must be taken.

Voidable resolutions (the broader category, covering resolutions passed with incorrect majorities, procedural defects, or improper exercise of power) must be challenged before the Tribunal within 30 days of communication (for absent owners) or of the resolution itself (for dissenting owners who were present) (Art. 1137 c.c.). Once this period expires, the resolution becomes definitive.

Null resolutions — adopted in an absolute absence of power (e.g. modification of the statutory allocation criteria with prospective programmatic effect, impossible or unlawful subject matter) — may be raised at any time, without the 30-day constraint. The boundary between nullity and voidability follows the criterion of absolute absence of power (nullity) versus improper exercise of power (voidability).

Nullity/voidability — Cass. civ., Full Court (Sezioni Unite), no. 9839/2021, confirmed by Cass. civ., Sec. II, nos. 8185/2022, 20568/2024 and 18005/2024: the boundary is between absolute absence of power (nullity) and improper exercise of power (voidability); repeated identical breaches of the allocation criteria do not convert voidability into nullity. Procedure — Cass. civ., Sec. II, no. 4191/2024: an owner who leaves before the vote is “absent” and the period runs from communication. Cass. civ., Sec. II, no. 30961/2025: the building manager is the natural respondent in challenge proceedings. Cass. civ., Sec. II, no. 11588/2026: the burden of proving quorum defects rests on the challenging party.

The Building Manager (Amministratore di Condominio)

The building manager is the central figure in the day-to-day life of the condominio. Appointment is mandatory where there are more than eight owners (Art. 1129 c.c.).

Qualifications, Appointment and Term

Law no. 220/2012 introduced professional qualification requirements for building managers (Art. 71-bis of the implementation provisions): a secondary school diploma, specific training and periodic updates, and no criminal convictions. The manager is appointed by the assembly by a majority of half the value and serves for one year, renewable. The assembly may make appointment conditional on the presentation of a professional indemnity policy (Art. 1129, para. 3, c.c.) — but this is a discretionary power of the assembly, not a statutory obligation.

The Building Manager’s Obligations

The building manager is required to (Art. 1130 c.c.): implement the assembly’s resolutions; regulate the use of common parts; collect the common charges and pay the common expenses; maintain the register of owners and the register of resolutions; prepare the annual accounts and submit them for the assembly’s approval.

Each owner has the right to request information on the management and to inspect the accounting documentation. A building manager who fails to fulfil their duties may be removed by the assembly (by a majority of half the value) or, in cases of serious irregularities, by the court on the application of even a single owner (Art. 1129, para. 11, c.c.) — subject to the conditions governing judicial removal and the right to compensation where the assembly removes the manager before the end of their term without just cause.

Removal — Cass. civ., Sec. II, no. 14039/2025: judicial removal under Art. 1129, para. 11, c.c. is interim in nature, presupposes exhaustive serious irregularities, and is inadmissible once the manager has already ceased by reason of the expiry of the term. Cass. civ., Sec. II, no. 7874/2021: removal by the assembly before the end of the term without just cause exposes the condominio to liability for damages under Art. 1725 c.c. Cass. civ., Sec. II, no. 14259/2026: the removed manager may only seek monetary compensation and must prove the loss.

Common Charges (Spese Condominiali)

Ordinary and Extraordinary Expenses

• Ordinary expenses: routine maintenance, cleaning, electricity for common parts, the building manager’s fee — approved annually in the management plan.
• Extraordinary expenses: major maintenance works (roof replacement, facade renovation, lift installation) — require a specific assembly resolution.

Allocation Criteria

• General expenses (Art. 1123 c.c.): allocated in proportion to each unit’s millesimal value.
• Expenses for common parts serving only some owners (Art. 1123, para. 2, c.c.): allocated among the owners who benefit from them (e.g. staircase and lift expenses do not apply to ground-floor shop owners).
• Staircase and lift expenses (Art. 1124 c.c.): allocated half by millesimal value and half in proportion to the floor height above street level. Owners on higher floors pay more.

Special Fund and Extraordinary Works

For major extraordinary maintenance works, Law no. 220/2012 requires the establishment of a special fund equal to the amount of the works authorised (Art. 1135, para. 1, no. 4, c.c.). Where the works contract provides for staged payments, the fund may be built up progressively in line with each payment due.

Arrears and Recovery

An owner who fails to pay common charges is in arrears. The building manager must initiate recovery proceedings within six months of the close of the financial year in which the outstanding debt falls (Art. 1129, para. 9, c.c.). Recovery typically proceeds by way of an injunction order (decreto ingiuntivo), which the building manager may apply for without an authorising assembly resolution — since debt collection is among the manager’s institutional powers — and which is immediately enforceable where an approved apportionment statement (budget or final accounts) exists (Art. 63 of the implementation provisions). The action is directed solely against the owner, never against a tenant.

For buyers: liability for the charges of the effective two-year period preceding the purchase is joint and several in the external relationship with the condominio, but in the internal relationship the principle of personal liability applies, with a right of recourse against the seller.

Recovery — Trib. Siracusa no. 1665/2023: the building manager is entitled to apply for an injunction order under Art. 63 of the implementation provisions without an authorising assembly resolution, debt collection being among the manager’s institutional powers. Trib. Nocera Inferiore no. 3836/2025: immediate enforceability requires an approved apportionment statement. Trib. Potenza no. 948/2026: the action is directed against the owner only, never the tenant. Cass. civ., Sec. II, no. 14531/2022: the buyer’s liability is joint and several externally but carries a right of recourse against the seller internally.

For further detail: Due Diligence When Buying Property in Italy: A Legal Checklist.

The Building Regulations (Regolamento di Condominio)

The building regulations may be:

• Contractual (contrattuale): drawn up by the original developer and attached to the sale deeds. Binding on all current and future owners and may contain restrictions on the use of individually owned units (e.g. prohibition on short-term holiday letting, restrictions on permitted uses). Amendable only by unanimous agreement.
• Adopted by the assembly (assembleare): passed by the assembly by a majority of half the value. Primarily concerns the organisation and management of the common parts. Amendable by the assembly with the same majority.

It is essential for the foreign buyer to request and read the building regulations carefully before purchase: they may contain significant restrictions on how the apartment may be used.

Short-Term Holiday Letting and the Condominio

Short-term holiday letting (Airbnb and similar) of condominium apartments is one of the most debated topics, with case law that is still not uniform. Some fundamental rules:

• Prohibition in the contractual regulations: where the contractual regulations contain an explicit prohibition on letting to third parties or on hospitality activities, the prohibition is valid and binding on all owners including those who purchased subsequently. Restrictive clauses on the use of individually owned units are to be interpreted strictly: a prohibition on “guest houses/boarding houses/hotels” does not necessarily prohibit simple short-term letting with no ancillary services, whereas short-term letting with services (linen, cleaning, check-in) is assimilated to the prohibited hospitality activity. This distinction is the subject of a live judicial conflict.
• Enforceability against subsequent buyers: the enforceability of restrictive clauses against subsequent purchasers is also contested. One line of authority requires transcription in a separate note or express acceptance in the purchase deed; the opposing line holds that a reference to the regulations in the purchase deed is sufficient.
• Limits of assembly resolutions: an assembly majority resolution cannot introduce new prohibitions on the use of an individual owner’s exclusively owned unit — this requires a clause in the contractual regulations (which requires unanimity to amend). The assembly may intervene on emissions, use of common parts, and the building’s appearance and decorum, but may not directly restrict a lawful activity carried out by an individual owner in their own unit.
• Local regulations: municipal and regional rules on short-term holiday letting vary significantly from one municipality to another. Checking the local rules before commencing the activity is essential.

Short-term holiday letting — C. App. Milano nos. 514/2026 and 1860/2026: simple short-term letting (mere grant of enjoyment without ancillary services) does not breach prohibitions on “guest houses/boarding houses/hotels”, which must be interpreted restrictively. Trib. Milano no. 3029/2026 and C. App. Roma no. 2598/2025: short-term letting with ancillary services (linen, cleaning, check-in) is assimilated to a prohibited hospitality activity. Enforceability of restrictions: conflict between Trib. Milano no. 10015/2024 (requires transcription in a separate note or express acceptance) and C. App. Roma no. 3419/2025 (reference in the purchase deed sufficient). Cass. civ., Sec. II, no. 1105/2026: the condominio may act against both the owner and the tenant with compulsory joinder of parties.

Managing the Condominio from Abroad

• Provide the building manager with a PEC address or postal address for registered letters: this is the most direct way to receive assembly notices in the required form. Without a registered address, communications are sent to the unit — and the absent owner receives nothing.
• Appoint a representative in Italy: a lawyer, estate agent, or trusted manager who can attend assemblies on the owner’s behalf, check the accounts, and flag any problems. The authority must be in writing.
• Monitor payment deadlines: late payment generates default interest and may lead to an injunction order by the building manager. Set up automatic payments or instruct your representative accordingly.
• Check the annual accounts: each owner has the right to inspect the accounting documentation and request explanations on any extraordinary expenses.

Frequently Asked Questions

I own an apartment in Italy but have never received any communication from the condominium management. What should I do?

This is very common for foreign owners. The building manager must communicate with owners by the prescribed forms (registered letter, PEC, fax) to the address registered in the owners’ register. If you have never provided a PEC address or postal address for registered letters, communications will have been sent to the apartment without reaching you. Contact the building manager directly, provide a valid address, and request a statement of charges due and the minutes of recent assembly meetings.

The assembly approved expensive works that I voted against. Do I still have to pay?

Where the resolution was passed by the required majority, a dissenting vote does not exempt from payment. The only remedy is to challenge it before the Tribunal within 30 days of communication (where the resolution is voidable) — or without a time limit where it is null (e.g. adopted in an absolute absence of power). Prompt action is essential: the 30-day period is mandatory.

The building regulations prohibit short-term holiday letting. Is the prohibition binding on buyers who acquired after the regulations were adopted?

Where the prohibition appears in the contractual regulations, it is valid and in principle binding on subsequent owners. However, on the question of enforceability against later purchasers, the courts are divided: one line of authority requires transcription of the prohibition in a separate note or express acceptance in the purchase deed; the opposing line holds that a reference to the regulations in the deed is sufficient. Before commencing a short-term letting activity, it is advisable to verify the specific situation with a lawyer.

Can the assembly prohibit short-term holiday letting by majority resolution?

No. A majority assembly resolution cannot introduce new restrictions on the use of an individual owner’s exclusively owned unit — this requires a clause in the contractual regulations (which requires unanimity to amend). The assembly may act on the use of common parts, emissions, and the building’s appearance and decorum, but may not directly restrict a lawful activity carried out by an individual owner within their own unit.

Conclusion

The Italian condominio is a well-structured system that, once its fundamental rules are understood, can be managed from abroad. The critical points for foreign owners are: receiving assembly notices in the prescribed form; attending or delegating at assemblies (resolutions bind dissenters and absentees alike, subject to challenge within the mandatory 30-day period for voidable resolutions); paying charges promptly; and understanding what the assembly can and cannot lawfully resolve regarding individually owned units.

For assistance in managing a condominium apartment in Italy or resolving condominium disputes, Studio Legale Giorgianni is available. Further information is available in the Italian Property Lawyer section and on our Italian Lawyer hub page.