Prescription for condominium fees 2024, after how much you can not pay

Many people want to know how the prescription of condominium expenses works, perhaps because they are not up to date with all payments or because they have inherited a condominium property which is burdened by unpaid expenses.
After the statute of limitations, in fact, the condominium administrator can no longer demand compliance and essentially you can not pay.
Here's what you need to know for 2024.
Prescription of condominium expenses 2024 Before knowing the limitation periods and the effective date, which vary depending on the type of expense, it is however good to keep in mind some information on the institution of the prescription.
In particular, it must be remembered that it is not sufficient to verify that the time interval required by law has passed, but it is important that there have been no interruptive actions in this period.
Formal requests for payment and admissions by the debtor reset the statute of limitations, which begins to run from that moment.
Secondly, it is specified that it is not correct to ignore the request for payment because the debt has become statute-barred, instead it is necessary to oppose it (a simple certified e-mail or registered letter with return receipt is sufficient) and point out the statute of limitations.
Furthermore, the rules change between the expenses owed to the condominium by the owner and those owed to the latter by the tenant.
Having made these clarifications, we can know which terms and effective dates are useful for the calculation.
Ordinary condominium expenses Ordinary condominium expenses are nothing more than the fixed amounts due to the condominium administrator for usual common expenses.
The Civil Code establishes that payments due periodically are prescribed in just 5 years, instead of the 10 of the ordinary prescription.
Consequently, ordinary condominium expenses become statute-barred within 5 years from the resolution approving the statement and the distribution status.
This applies to that fixed portion of expenses due periodically – usually monthly – relating to services that are usually necessary, foreseeable and agreed upon.
Typically, ordinary expenses include cleaning of stairs and common areas, annual maintenance of intercoms and elevator, administrator's fee, and so on.
If 5 years have passed since the statement and the condominium owner has not received any interruptive act (such as a warning to comply, an injunction or a new distribution status), it is legitimate not to pay.
However, it is important to be careful, because the condominium administrator is required to take legal action against defaulters within 6 months of the closure of the business.
read also Condominium expenses, what they are and how they are divided Extraordinary condominium expenses Extraordinary condominium expenses, as can be seen from the term, refer to all those unpredictable expenses, which cannot be quantified a priori.
Extraordinary expenses are usually necessary for the modernization of the building or works following accidents and disasters.
Extraordinary expenses therefore do not have a periodic nature and therefore follow the ordinary procedure, prescribing after 10 years.
Even for one-off expenses due, the starting date is calculated from the meeting resolution of the final expenditure and the related distribution plan between the condominium owners.
Interrupting acts reset the prescription, which starts again from the beginning.
Tenant's condominium expenses The owner who lives in a condominium is always required to pay the expenses, but if he rents the property it is the tenant who has to pay part of them with the additional charges together with the rent.
Also in this case these are condominium expenses, but the rules on limitation are very different.
The limitation period for additional charges owed by the tenant is in fact only 2 years, regardless of the expenses and duties of the landlord with respect to the condominium.
In summary, the condominium expenses paid by the tenant – which normally must be paid within 60 days – are barred within 2 years from the relevant request from the homeowner.
The latter can however interrupt the limitation period through a request for compliance and a formal notice.
Attention: failure to pay additional charges legitimizes eviction proceedings if the total debt is equal to or greater than 2 portions of the rent (and the delay exceeds 60 days).
read also Eviction for non-payment: how it works, times and costs Condominium expenses, the 2024 statute of limitations Knowing the rules, it is easy to understand that this year they are or have been barred (if there have not been the following requests for payment): Condominium expenses ordinary of 2019; the extraordinary condominium expenses of 2014; the additional charges for 2022.
The expenses for which, in the years cited, the last interrupting act was notified are therefore also prescribed.
The condominium expenses relating to 2024 will instead be prescribed: in 2034 if they are extraordinary expenses; in 2029 if they are ordinary expenses; in 2026 for the tenant.
Obviously, it is not possible to predict any interrupting acts, which reset the statute of limitations.
read also Condominium expenses, how much do you usually pay?