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- If you own a second home in a condominium, you have to pay the shared expenses even if you do not live there.
- The condominium rules may limit how you use the home, for example short-term rentals.
- The lease contract must be in writing and registered.
The condominium
If the home is in an apartment building, you are part of the condominium even when you are far away. Shared expenses (stairs, elevator, facade) are paid in shares. Ask the administrator for the rules and the latest minutes. If you live abroad, give a contact address: that way you receive the meeting notices.
The owners’ meeting
Decisions are made at the owners’ meeting. If you cannot attend, you can give a written proxy to a person you trust. If you disagree with a decision, the deadlines to challenge it are short: ask a lawyer right away.
Leases and short-term rentals
A lease contract must be in writing. For registration, taxes and the rules on tourist rentals, see the website of the Italian Revenue Agency (Agenzia delle Entrate) and that of the municipality. Check that the condominium rules do not ban tourist use. The firm does not handle the law or taxes of other countries.
If the tenant does not pay
Do not change the lock and do not enter the home on your own. Keep the contract and the messages, and ask a lawyer which route to follow.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
An owner who lives abroad has a home in Sant’Agnello, in a building with a view over the gulf. He does not receive the meeting notices, he does not pay some expenses, and the administrator writes to him about the late payments. The owner must provide an address and ask for the minutes to understand what was decided.
Frequently asked questions
Do I have to pay the condominium fees if the home is empty?
Yes, as a general rule the shared expenses remain the owner’s responsibility.
Can the rules ban short-term rentals?
It depends on the rules. Ask to see them and ask a lawyer.
Learn more: Legal guides from Studio Legale Fiorentino.
The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy.
Original in Italian: Seconda casa a Sorrento: condominio, spese e locazioni
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. For updated details, see the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
Do you have a similar issue?
Every situation depends on the documents of the specific case. You can contact the firm from anywhere, remotely.