Who pays the condominium contributions, between the old and new owner, in the event of a sale?
The speech by Corrado Sforza Fogliani, president of the Confedilizia Study Center, on the allocation of condominium contributions, between the old and new owner, in the event of a sale
This column has already dealt with the controversial question relating to the attribution of condominium contributions, between the old and new owner, in the event of a sale, giving account, in particular, of the rulings of the Cassation with which the judges have tried to find a solution compromise between the two opposing directions formed on the matter (cf. sentence n. 24654 of 12.3.'10 and, more recently, sentence n. 15547 of 6.22.'17).
For the sake of completeness, we would like to point out that the jurisprudence agrees that, once the transfer of real estate ownership has been completed, the provisions of art. 63, first paragraph, provision att. code civ., by virtue of which, as is known, "for the collection of condominium contributions based on the state of distribution approved by the assembly, the administrator can obtain an immediately enforceable injunction decree, despite opposition".
The administrator can act pursuant to the aforementioned art. 63, and therefore obtain an immediately enforceable injunction, only against the new owner, who, in application of the second paragraph of the same provision, is jointly and severally obliged with the transferor, "to pay the contributions relating to the current year and to the previous one” (where “year” – mind you – is to be understood as a “management year” and not a “calendar year”).
With regard to the former owner, on the other hand, the administrator cannot make use of the provisional enforceability clause referred to in the provision in question, so that – limiting the discussion to the monitory procedure – to recover the charges that do not fall within the time scope of application of the second paragraph of the repeatedly cited art. 63 (think of the case of contributions approved and accrued outside the "current year" and "the one preceding" the sale), must act with an ordinary injunction.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/chi-paga-i-contributi-condominiali-tra-vecchio-e-nuovo-proprietario-in-caso-di-compravendita/ on Sat, 19 Nov 2022 06:28:33 +0000.