Condominium administrators: the Legal Profession Act now recognises their status
Under the reform, a lawyer may now be appointed to the post
An increasing number of members of professional registers are turning to block of flats management, with an increasing number of lawyers in particular. And whilst the National Bar Council has, in several opinions, reaffirmed that the role of block of flats administrator is compatible with the profession of lawyer – albeit subject to specific ethical rules – the 1917 enabling act reforming the legal profession, passed on 22 July, has provided explicit confirmation.
Some doubts remain, however: whilst the practice of the legal profession is described as ‘compatible with the office of director (point 2.7)’, with regard to incompatibility, it is generally stipulated that ‘the profession of lawyer, subject to the provisions governing the single-client regime, is not compatible with any other work activity, whether employed or self-employed, carried out on a continuous or professional basis (no. 1.1)’.
The lawyer could therefore be appointed to the position of director but not practise professionally as a director, thereby risking, in the latter case, sanctions from the Bar Association. This should not constitute a primary occupation, not least because, as President Unai Rosario Calabrese points out, the lawyer remains obliged to undertake continuing professional development. “A lawyer may have a thorough knowledge of the law, but not necessarily of block of flats accounting, financial reporting, building systems or maintenance.”
The lawyer is, of course, also required to meet the legal requirements to act as a director, whilst being mindful of the potential for a conflict of interest : if appointed as a director of the block of flats, they may not be the lawyer representing a party in a dispute against the block of flats they are managing.
