The passage of deliveries
The term “transfer of power” it recognizes the moment when the outgoing administrator shall transfer to the new documents concerning the management of the apartment building by placing it in the concrete possibility to carry out his assignment.
It is with the delivery of the condominium documents between the outgoing and incoming administrator that this assumed full executive powers.
The delivery of documents is an obligation of the agent terminated from the provisions of art. 1713 cc
In addition, the handover can take place not only by the previous administrator but also from the condos or the manufacturer, one owner, for new buildings.
FORMALIZATION DELIVERIES
The minutes shall be signed by both parties (incoming and outgoing).
Where in the record the outgoing director sustains receivable, the incoming administrator subscription is not enough to make such a chargeable credit.
The subscription of new administrator is indicative of the mere receipt of documentation.
You should specify “unless audit documentation.”
TIMES FOR PASSING OF THE DELIVERIES
There are no set times can be good practice to wait 30 days to verify that none wield the resolution.
Up to two months can be a long time “tolerable”.
Only since the so-called “handover” the administrator is enabled to know the problems of the condo that has been called upon to manage and work with the apartment buildings to try to resolve them: it is from that moment that he actually assume the full executive powers and, therefore, the responsibilities inherent in them.
Only with the smooth handover it is possible to exclude any possibility of confusion and administrative responsibilities, so that the relevant minutes assumes primary importance for proof of correct transfer of documents.
Regardless of the basis on which it is to cease the mandate, the outgoing administrator must return all documentation.
With the termination of the assignment comes into full force of the privacy legislation, as the representative director no longer in office is considered as any third party.
If this requirement is not made (Judgment no. 13504 of 03/12/1999: “The administrator of an apartment block, the termination of its mandate, has the obligation to return to condominiums received as a result of the progress of ‘assignment, including the documents concerning the management, nor can retain them until he repaid the amounts advanced on behalf of the condominium “).
The new administrator is entitled to take action against the precedent for the return of the documents required to the exercise of the condominium management without the need to be authorized by the shareholders’ resolution because the active procedural legitimacy conferred by Article. 1130 Civil Code for the performance of duties, also includes the recovery of the documentation relative to the previous management.
The action for the documentation of the recovery can be performed not only by the new director, but also as an individual condominium (28/04/2004 Civil Cassation n. 8132).
If the outgoing administrator has a claim: between the two conflicting interests, namely to keep the documents in order to assert the claim and the other administrator that replaces him to acquire the necessary documentation for the condominium management, must prevail second, being much more serious injury that can result in the condominium management, the non-possession of the original documentation.
The block may also seek compensation for damage suffered due to the default outgoing administrator.
A judgment of the Court of Milan (no. 448/2010) has condemned
the outgoing Director who had not delivered all the documentation pertaining to the condominium management ceased to damages in favor of the Condominium settled on an equitable basis in the amount of Euro 15,000.00.
THE APPOINTMENT WITHOUT THE MAJORITY
Under certain conditions, the easiest way to solve the problem of tax-extension, the appointment of a new administrator with sufficient majorities.
If no one in the 30 days provided for the appeal of this resolution marks to the court for its cancellation, it becomes fully valid.
It is however necessary the convening of a meeting for the correction of such choice.
The administrator must be considered the authorized agent of the owners.
That means taking office he will act in the name and on behalf of its principals (condominiums).
He may, within the limits of its powers, to sign contracts, proposing legal actions against the condos and against third parties, require compliance with the building regulations, etc. (Art. 1130, 1131 cc).
The moment of transition of deliveries in practice consists of preparing a list of all detainees replaced by your service documents that are delivered to a successor:
Verbal handover between incoming and outgoing Administrator
The day ……………… in the street ……… …………………………………….. at ………………………… (office, home, etc.) Mr. …………………………., provided that during the meeting of …………… …………… the way ………… condominium, …………… .. n. …. City …………, he has appointed new director Mr. … ……………… ……….. …., Between the latter and the outgoing administrator making the passage of deliveries.
The new administrator the following records and documents are transmitted:
1) Book of records (with the minutes of the appointment of the new director);
2) condominium Rules and related tables thousandth;
3) Tax Code of the Condominium;
4) Global Insurance policy of the building;
5) Fire Prevention Certificate (or provisional clearance with supporting prevention) documentation;
6) Declaration of conformity of the systems;
7) Copy of the building permit, any variants, accounting, habitability, fitness for use;
8) manual elevator;
9) Identification of the communal bank account;
10) List bank or postal checks are not used;
11) Contracts Cleaning, Elevators, boilers, gardening etc .;
12) gas supply contracts, water, energy (e);
13) Contract procurement overtime work (if in progress);
14) Contract doorman (if any) and the relevant specification;
15) Payroll, freshman, accident register;
16) Documentation INPS, INAIL including archives;
17) List master owners;
18) Book Cash;
19) Last approved expenditure accounts;
20) Estimate approved fiscal year;
21) Envelope budgets from ………… to …………;
22) financial statement, the first note, payables and receivables;
23) Supporting documents in the first known list;
24) Proceedings of the apartment house;
25) Keys of the whole complex;
26) Models 770, F24;
27) Other
Date …… / …… / ……
The outgoing administrator The incoming director
————————————— ———– —————————-
CLOSING CASH
Document which indicate all payments made by condominiums and payments made up to the time of delivery. Only after all of these operations can be said to have occurred the actual takeover of the building by the new administrator.
For the outgoing, however, this moment marks the end of the mandate.
To check the cash closing these steps are required:
- See what I have on the current account at the end of the year.
- Add up the total amount that the condos have yet to be paid.
- Remove the amounts of invoices of suppliers already registered in the expenditure accounts but not yet paid.
- Remove any funds.
- Remove any debts to tax authorities (withholding tax not paid).
- The total that must be must be “ZERO”.
PRACTICAL EXAMPLE OF CASE CLOSED:
SITUATION OF RECEIVABLES AND DEBTS
€ 50,85 amount shown on the c / c at end of year
+ € 3.514,32 total amount that the condos have yet to be paid
+ € 3,20 + amount paid to the supplier (to be deducted in the next fatt.)
– € 338,80 Cleaning Company
– € 580,80 gardener
– € 921,80 maintenance elevator
– € 1.126,60 parcel Administrator
– € 102,85 control body
– € 491,92 Bleeding
– € 5,60 tax payables
€ 0,00 TOTAL
COMMUNICATIONS FIRST PASSAGE
- Send thank you letter.
- Sending your contact information.
- Communication of when will the handover.
- Ask for any problems to be reported
After the handover, we must reorder all the documentation received and carry out any checks required.
Carried out all the checks necessary to convene an Extraordinary Assembly, one to inform all the condos is the handover that with regard to the checking both to be known even by those who did not vote positively to the appointment.
As for the delivery of the notice, that’s fine delivery by hand delivery with acknowledgment of receipt signed, while for any external non-resident, then you need the invitation by registered A / R respecting the 5 days off, which does not take into account either the day of notification delivery or the meeting agenda at the second call, so in practice they become 7, 8 better.
(But always remember to read well the Communal Regulations because it can be written that the meeting must comply such as 10 days off).
COMMUNICATIONS AND CHANGES AFTER THE PASSAGE
- At the Inland Revenue with the minutes of appointment and its tax code to associate it with that of the apartment building.
- Change signing of condominium account.
- Change the address associated to the users (or any debit in the bank).
- correct registry request.
- Relative to the data processing Statement pursuant to the rules on privacy.
- Enter account extract to each owner to check errors and shortcomings.
- Communication with suppliers: check for any outstanding invoices, copies of the missing contracts.
PRIVACY
Long as they respect these principles, it is not essential to your consent to the insertion in the database
The databases can not contain “sensitive data” about health, political or religious beliefs, attitudes towards consumption.
Criminal data, a distinction must be made: are lawful than necessary “to fulfill an obligation under the law” (what is the administrator to sue a boyfriend) and “to establish or defend a legal claim” .
Long as they respect these principles, it is not essential to your consent to the insertion in the database.
The databases can not contain “sensitive data” about health, political or religious beliefs, attitudes towards consumption.
Criminal data, a distinction must be made: are lawful than necessary “to fulfill an obligation under the law” (what is the administrator to sue a boyfriend) and “to establish or defend a legal claim” .
The data can not, except by consent, be disclosed to others, for foreign interests, including those of companies which intend to propose to condominiums construction works, equipment or facilities.
To certify the security of their databases, the administrator must also complete the programmatic security document (DPS) and kept his office and shown only in case of controls.
The minimum protection measures are specified in Annex B to Legislative Decree n. 196 of 2003.
GECOSEI of Giuseppina Napolitano
