Condominium credit: general regulations
The great difficulties that are often encountered in obtaining the payment of the condominium credit, have been in large part due to a real normative chasm, which left the administrator in the difficult position of deciding also the “action” times to be able to collect the debts from the condominiums in arrears (see Protest computer register ), provided that the 5-year term is not exceeded (which is, and remains, the limitation period). But recently, with some changes made by some legislative decrees, more certain indications have been introduced (see also Prescription of condominium debts ).
Solidarity condominium credit or not?
The problem always lies in defining well the boundaries between the rights of condominiums that are in order with payments, with those of creditors towards condominium expenses (regardless of the reasons that gave rise to them, such as a condominium loan, or loan, or a condominium mortgage, etc).
According to the latest news (see Consumer credit reform ), the administrator must act within six months of the end of the financial year within which the relative payments had to be made, pro rata, to the amounts not paid by defaulting condominiums. Instead, as regards the third creditor, the latter can no longer demand the payment of the unsatisfied debt to condominiums indiscriminately. It must in fact promote an injunction against the administrator to obtain the list of defaulting owners. Once the list is obtained (obviously it is not said that the administrator complies with this request, which opens up to other difficulties, which can bring the situation to the attention of a judge), he must identify defaulting condominiums, and then promote a injunction against at least one of them.
If then he does not find satisfaction of his credit, only after having closed this phase, he can therefore also turn to the condominiums that are in order with payments, re-entering the principle of solidarity for the payment of the debt, since, at this point, the interests (and their protection) of the creditor pass ahead of those of the condominiums who have already paid their part of the debt.
Compensation of condominium credit
It can happen that a condominium is on credit, that is, they have a greater outlay than the sums they would actually have had to pay. In this case compensation is possible but not always. In fact it is necessary that the credits to be compensated are homogeneous, and this happens if they are both “payable” and both “liquid”. So if the condominium has seen its credit recognized by the assembly (so it has been quantified in a certain and definite way) at the end of the year-end accounts, then it can ask for it to be carried in compensation.
If, on the other hand, it has a credit that has not yet been officially quantified, or due to damages, etc., then the two credits cannot be used for compensation.