When buying or selling a property, all focus is usually on the price, the deed (rogito), and the move. However, an unexpected guest can knock on the new owner's door: the debt left behind by the seller. In Italy, the management of outstanding condominium fees follows precise rules that are essential to know to prevent your dream home from turning into a legal nightmare.
1. The Principle of "Joint and Several Liability": Art. 63
To protect the condominium association, the law establishes a clear principle: whoever succeeds in the rights of a unit owner is jointly and severally liable with them for the payment of contributions relating to the current year and the previous one. What does this mean in plain English?
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If the seller has not paid the condo fees for the last two years, the administrator has the right to demand them directly from the new buyer.
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The "new" owner will be forced to pay and then, potentially, try to recover the money from the seller (an action that is often long and complex).
2. Ordinary vs. Extraordinary Expenses
Distinguishing between types of expenses is fundamental to understanding who must provide the funds:
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Ordinary Expenses: These follow the two-year rule mentioned above. The buyer is responsible for arrears from the year of purchase and the preceding year.
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Extraordinary Expenses (e.g., facade renovation): Here, the date of the final resolution (delibera) matters. If the works were approved before the deed, the expense lies with the seller, even if the works start or continue after the sale. Conversely, if the resolution occurs after the transfer of ownership, the expense is entirely the buyer's responsibility.
3. How to Protect Yourself: The Administrator's Certification
You should never reach the closing date without a fundamental document: the statement of payments. The condominium administrator is required to issue a declaration certifying:
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If condo fees have been paid regularly up to the date of sale.
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If there are ongoing legal disputes (which could generate future costs).
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If any extraordinary expenses have already been approved but not yet paid.
The Domus Sicilia Advice: Demand that this certificate be attached to or mentioned in the notary deed. In the case of verified debts, it is common practice to withhold the amount from the sale price to pay the condominium directly at the time of closing.
4. The Administrator's Role After the Sale
Once the deed is signed, the seller remains obligated to pay the fees until an authentic copy of the deed of sale (or a notary's declaration) is sent to the administrator. Until that moment, for the condominium, the old owner is still the legal owner, with all the resulting legal consequences.
Our Philosophy: At Domus Sicilia Immobiliare, transparency comes first. Before every purchase proposal, we personally verify the accounting situation of the property with the administrator. Our goal is to have you enter your new home with a smile, not with a payment reminder in your hand.
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