Home » Administrator who anticipates expenses instead of calling the assembly for the budget, has the right to reimbursement?

Administrator who anticipates expenses instead of calling the assembly for the budget, has the right to reimbursement?

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As required by law and indicated in the previous answer, the condominium administrator is not required to anticipate the payment of ordinary expenses and it is not possible to carry out expenses that have not been approved by the assembly. Moreover, in the event of non-approval of the financial statements, the administrator has the right to collect the contributions on the basis of the budget as established for some time by the Supreme Court (sentence 24299/208), precisely to avoid that in the absence of the approval of the assembly the condominiums can stop paying the installments due for ordinary expenses. In the event that the condominiums did not want to pay for the absence of the budget, the law recognizes the right of the administrator to resign and ask the judge to be replaced. Basically, according to the law, the administrator is in fact forbidden to take the place of condominiums in the management of ordinary expenses, while the failure to call the assembly to approve the financial statements (whatever the motivation) constitutes one of the serious irregularities provided for by paragraph 12 of the ‘art. 1129 of the civil code for which judicial revocation is envisaged. In any case, since you are in possession of a document showing that the condominiums have recognized your credit, you can contact a lawyer to request the judge to issue an injunction.

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