Incredible but true: for the umpteenth time, we’re back to talking about the register of condominium administrators. The proposal is old and, as we will explain later, completely unfounded, to the point that jurisprudence and the Antitrust have already disavowed it, even in recent years.
Once again, this solution was designed by a small, limited segment of the large world of condominium associations which, on the contrary, have never supported the idea of a List, let alone that of a Register. What’s more: today the typical model of the order, for a profession which is not by chance considered non-ordered, appears completely outdated.
This is demonstrated by the history of the category in recent decades which, in our opinion, should be retraced.
The most important “no” to the register of administrators comes from the highest authority on the subject, namely the Antitrust. Almost thirty years ago, in fact, the Market Competition Authority with Provision 2550/1994, had excluded the possibility, for condominium associations, to adopt or even only recommend minimum tariffs for their members, underlining the ” presence of professionals who continuously and exclusively carry out this activity”, also citing the jurisprudence of the European Court of Justice, which, in the field of competition, equates natural persons, carrying out professional activities, to companies.
Things have not changed with the Third Millennium. Again with regard to the “ordinary” temptations of our category, with sentence 355 of 2005, the Constitutional Court rejected the proposal for a regional register of condominium administrators, stating that this profession cannot in any way be traced back to the ambit of Professional Orders.
Finally, it should be remembered that the Annual Report of the Antitrust, presented to the Senate of the Republic on 12 July 2018, in addressing the issue of non-medical health professions, for which the Renzi Government had proposed the creation of dedicated professional registers, defined the creation of new Orders or Registers as “not appropriate”, “except in exceptional cases”.
Even if only for a clear problem of costs, such a ruling assumes a very significant weight in the current economic framework of the country.
Finally, more recently, the Market Competition Authority, with Provision 251701/2014 underlined that, to dictate the rules of the profession, it is Law 4 of 14/1/2013 on unorganized professions, i.e. say the so-called “unlisted”.
Together with the condominium reform of 2012, this is the rule that legally defines us and represents a first, true recognition of our professionalism.
Some might argue that nothing is set in stone and that one’s view of a problem can change. However, ANAMMI, the largest Italian association of condominium administrators, takes the liberty of emphasizing that the idea of the register or, the “lighter” one of the List, has proved to be ill-suited to protect the interests of professionals. So why promote it?
The latest attempt in this sense dates back to 2018 and provided for a heavy tax on members, in exchange for an unclear “institutional advertising”. An expedient to raise cash, proposed, coincidentally, by tiny associations looking for visibility and which did not take any account of the fact that the costs of the initiative would inevitably fall on the condominiums.
But we cannot accept that to get the lights of the variety show or, given the times, the attention of social networks, we cannot accept this and we intend to fight it with every means at our disposal.