Among the innovations introduced by the so -called Bollette decreewaiting to move on to the second reading in the Senate, there is a measure that closely touches many home owners, especially those who live in a condominium, that is Limit to attachment For condominium arrears.
With an amendment to law decree no. 34 of 30 March 2023, a minimum threshold which prohibits the attachment of the first house in case of debts lower than 5,000 euros against the condominium. In other words, those who cannot pay the condominium, ordinary or extraordinary expenses, no longer risk lose your home If the accumulated debt does not exceed this threshold.
What does the standard provide
The provision, updated in April 2025, was approved by the Chamber’s productive activities commission and now awaits the definitive approval in Parliament to become operational. In addition to not being able to proceed with the attachment of the first home of the debtor for condominium debts lower than 5,000 euros, the text provides, among other things, that the protection is worth only if the property is the only ownedit is not luxury and the residence of the debtor.
Because it is an important measure
This provision aims to protect i more vulnerable subjectsin particular families in economic difficulty, people with recognized disabilities, the
Over 75, and still those who use life -saving devices powered by electricity and the subjects in condition of documented economic unease.
It is therefore a social interventiondesigned to avoid the expropriation of the home for modest debts and rather favor extrajudicial solutionsas installment plans agreed with the condominium administration.
Attention to the limits
It is important to underline some fundamental aspects:
As mentioned, the rule is worth only for the first hometherefore any second homes or properties granted for rent are not protected and can also be seized for debts lower than the threshold;
debt It is not canceledthat is, the Moroso owner remains obliged to pay the expenses due;
The condominium can however act legallyfor example by asking for a injunction or by registering a judicial mortgage on the property, as required by article 2818 of the civil code.
What consequences for condominiums
While offering important protection for debtors in difficulty, this measure may have some side effects at the condominium level, such as:
a possible Increase in arrearsknowing that under a certain threshold there is no risk of expropriation;
greater difficulties for administrators in recovery of the sums due;
repercussions on the other condominiums, which may have to anticipate the missing shares to cope with common expenses.
If on the one hand, therefore, the measure aims to safeguard the house as Well
primarywithout however removing tools of protection from the condominium, on the other it is part of a “environment”, the condominium one, already in itself delicate, with repercussions that it will be important to monitor over time.