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Legal responsibilities of Italian condominium administrators
Italian legal principles outline the responsibilities and potential liabilities of condominium administrators regarding their duties and resignations.
Under Article 1136 of the Civil Code, an administrator can be revoked at any time by an assembly vote representing a majority of those present and at least half the building's value. Furthermore, a court may revoke an administrator upon the petition of even a single resident in cases of serious misconduct, such as failing to prepare financial statements or neglecting common bank accounts.
Regarding resignations, administrators are required to uphold the principle of good faith (Article 1375 of the Civil Code) to safeguard the interests of the condominium. A ruling by the Court of Lecco (Sentence no. 370/2026) established that a resigning administrator can be held liable for damages if they fail to pay insurance premiums, leaving the building without coverage during a claim. Residents are advised to verify insurance coverage, request documented handovers, and monitor policy status following a change in administration to mitigate financial risks.