If there is no explicit obligation for the administrator to physically deliver the building insurance contract (which, we remind you, is not mandatory, unless expressly provided for in the condominium regulations) to each condominium owner, the administrator must however ensure transparency and access to relevant information, including insurance contracts, allowing condominium owners to consult them when required. How? Let’s delve deeper into the topic.
What the law says
The issue of the obligation of the condominium administrator to deliver the building insurance contract to the condominium owner is linked to Italian legislation, in particular to Civil Codeand to the legislation regulating the management of condominiums. TheArticle 1130 of the Code lists the duties of the condominium administrator, but does not specify the obligation to deliver the insurance contract to the condominium owners, while theArticle 1129 provides that the administrator is required to inform them of the content of the contracts stipulated, including insurance ones, but does not impose explicitly the delivery of the contract itself. Indications that in some cases could generate uncertainty about what to do.
Even the so-called “obligatory delivery” has not been established Condominium Reform (law 220, 11 December 2012) which, although introducing several changes to the condominium regulations, did not expressly provide for the obligation for the administrator to deliver the insurance contract to the individual condominium owners.
Jurisprudential interpretations
However, there are other considerations and potential developments related to this issue. Some sentences have clarified that the administrator must make available accounting and contractual documents for verification by the condominium owners. Therefore, even if there is no obligation to physically deliver the insurance contract, the administrator may be required to produce the document upon request. Furthermore, case law often refers to the principle of good faith and fairness in condominium management. This may mean that the administrator must adopt all necessary measures to ensure a correct information towards the condominium owners, including the possibility of viewing the insurance contract.
Administrator’s obligations, practices and customs
In summary, the administrator must in any case guarantee transparency in the management of the condominium and make the relevant documents available to the condominium owners, including those relating to insurance, while the condominium owners have the right to access the documents relating to the management of the condominium, including insurance contracts, even if this right does not automatically imply the obligation of the administrator to deliver a physical copy of the contract to each condominium owner. So what are the possible solutions?
The way in which the administrator makes the insurance contract available may vary from direct consultation (condominium owners can consult the contract at the administrator’s office or request a copy to view), atcondominium meetingduring which the administrator can present the details of the insurance contracts and answer any questions from the condominium owners, at areserved area onlinewhere the relevant documents, including insurance contracts, accessible to the condominium owners, are uploaded.
Protections for condominium owners
On their part, if they believe that the administrator is not fulfilling its obligations of transparency, the condominium owners can make use of some tools, such as:
a formal request: a condominium owner can submit a formal request to view the insurance contract, to which the administrator should respond positively, allowing the document to be consulted;
L’condominium meeting: during the meeting, participants can discuss the director’s work and ask for clarifications on the contracts stipulated, including the insurance contract, deciding on any actions against him;
a complaint to the court: If the administrator refuses to provide access to the requested documents, a condominium owner can apply to the court for an order requiring the administrator to produce them.
Good practice
For avoid conflicts and to ensure transparent management, administrators can adopt some good practicewhile making a copy of the insurance contracts available to the condominium owners in a common area, as mentioned, or on an accessible online platform; informing them
on the main clauses and conditions of the insurance contract during condominium meetings; responding promptly to requests for information and facilitating access to documents by condominium owners.