THE’administrator He plays a central role in the life of a condominiumnot only by promoting quiet living but above all ensuring a management of the property super partes.
Precisely on the theme of the role “above the parties”, there was a long time, even at the regulatory level, in regulating the figure of the administrator and any incompatibility that this assignment entails.
As we know, in fact, the profession of administrator is not exclusive and the professional, therefore, can carry out other activities as long as they respect the current legislation.
Among the most discussed topics in this regard if the condominium administrator can also play the role of real estate agent at the same time.
We now enter more in detail of the matter.
Can the administrator be a real estate agent?
The answer is yes, following a succession of sentences that have changed the plant provided for by art. From 2024 to today 5, paragraph 3 law n. 39/1989 which provided that the exercise of entrepreneurial activities of “production, sale, representation or promotion of goods of the same product sector for which mediation activities are carried out“They are incompatible and, therefore, a real estate agent cannot, at the same time, be an entrepreneur (in this case administrator) in the sector in which he operates.
At European level, in fact, the Court of Justice of the European Union He overturned this position and sanctioned, with the sentence of 4 October 2024, the preventive and general compatibility between the activity of real estate agent and that of administrator of condominiums “.
In truth this sentence echoes to anra, but of ours Cassationwhich in contrast to the provisions of Law 39/1989, declared that the accumulation of real estate and administrator activities is logically admissible in compliance with the principles of impartiality and transparency: “With regard to the purchase and sale of an apartment included in the condominium building, the administrator of the condominium is not precluded to carry out intermediation activities between the single alienating condominium and the third buyer, given the extraneousness of the said deal to the sphere of the attributions within which the powers of the administrator are limited pursuant to articles 1130 and 1131 cc“.
In fact, therefore, incompatibility could exist but it cannot be alleged and legally it is not possible to establish that it will always occur and in all circumstances, but it is necessary that any conflict will be demonstrated on a case
by chance.
Finally, also the Council of Statewith sentence no. 1925/2025, returned to the topic by reiterating the compatibility between the profession of condominium administrator and that of real estate agent.