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The sale of the apartment: who pays the condominium debts?

But there are some special cases that leave some doubts about who has to pay the condominium debts. Applicant is the hypothesis of who sells the house and leaves debts with the condominium. In this case the new buyer is responsible with the old condominium for the debts they have left in the year of purchase and the previous year. In reality, this is not the case: the term to be considered is not the deed but the time when the deed (or an equivalent attestation by the notary) is sent to the condominium administrator to update the condominium register. This moment acts as a traffic divider:


the debts arising after this date fall on the new owner,

those arising in the same year and in the previous year fall on both the seller and the buyer: this is a joint liability. The administrator will be able to present the injunction order to the new condominium, but will remain with the old one;

the debts that have risen earlier remain to be borne by the previous condominium.

We have analyzed the case of ordinary condominium expenses; but what happens instead for extraordinary ones? It happens that the building needs a restructuring, sometimes important and expensive, the facade. These expenses are first deliberated by the assembly, then a procurement procedure is carried out and then the administrator is authorized to sign the contract with the executing company; only at the end of the end approved the total expense statement and the allocation of the individual shares according to the millesimal tables. It can happen that during these operations there is a sale. In such cases, if extraordinary expenses have been approved by the shareholders' meeting prior to sale, they may only be requested from the seller and not from the purchaser. It is however important in this case to verify what kind of deliberations have been adopted before the sale and that if they have decided not only the category of works and therefore for example restructuring of the façade and the pavements, but also the cost of the same and the relative breakdown between condominiums. If, in fact, before the sale it was only decided to renovate the façade but neither the work to be done was decided, nor the total expense nor the distribution, the payment obligation lies with the new owner even if he did not take part before deliberation with which it was decided to carry out the work. The reason is that the condominium who has been able to participate in the spending decision is obliged to pay the condominium expenses.

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Davide Rigatti

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E-Mail: info@rigatti.it
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