The property manager is only liable for the communal areas on the blocks’ balconies
The recent collapse in Livorno has once again drawn attention to the various responsibilities involved in maintenance management
Key points
How far should and can a block of flats manager go in fulfilling the duties of oversight, monitoring and maintenance that fall within the remit of their role? The answer to this question has once again become a pressing issue following the death last week in Livorno of a 56-year-old woman caused by the collapse of the balcony on the third floor of the flat where she lived with her husband and children. The collapse occurred just as the woman was standing on the balcony.
It is now up to the judiciary to establish the sequence of events and gather the documentation relating to the management of the building in order to assess any liability: at present, the block manager has been placed on the list of persons under investigation. However, setting aside this particular and dramatic incident, it is worth recalling what the duties of a block of flats manager are regarding the maintenance of communal areas and what those of an owner are regarding private areas.
Communal areas and private areas
The first key point starts right here, with the distinction between common areas and private areas. As explained by Edoardo Riccio, legal coordinator of the ANACI National Research Centre, the projecting balcony is the private property of the flat owner, over which the block manager has no authority to impose a maintenance contract for the balcony itself, nor does the owners’ meeting have the power to intervene. ‘The situation is different where there are decorative elements, for example beneath the balcony, which are communal and therefore require action by the owners’ meeting, which must be initiated by the administrator, though not necessarily with a positive outcome,’ adds Riccio.
Francesco Burrelli, national president of Anaci, focuses on the importance of document retention and, at the same time, of ensuring safety through the assistance of qualified technicians in the comprehensive assessment of the building. ‘The property manager is responsible for the entire building envelope, but can only take action on the communal areas. As a property manager, I take action as soon as I become aware of a hazardous situation, such as a precarious capital that needs to be demolished. Then – adds Burrelli – in order to proceed with the restoration, the approval of the owners’ meeting is required. Often, even with a series of enforcement orders from the local council, it is not possible to reach a resolution on extraordinary works, and this leads to delay after delay that can drag on for years.”
Safety measures
Given that the block manager is therefore not permitted to intervene in matters relating to private property, their role is to ensure the safety of the residents in the communal areas. ‘The administrator’s role therefore involves warning residents, for example by cordoning off the area beneath the balcony, in order to ensure safe passage,’ explains Riccio. “If the lack of concern on the part of the flat owner, who fails to secure their balcony, persists over time, the property manager has the right to take legal action against them.”
