Right of access to condominium documents

The right of every condominium owner to inspect and obtain copies of condominium management documents is now a well-established principle: it is not a mere courtesy, but a right recognized by both legislation and case law.

This article clearly and thoroughly explains what a condominium owner can request, the limitations that may be placed on their request, and the obligations of the administrator.

1. Essential Regulatory Framework

The condominium reform (Law No. 220/2012) clarified and strengthened the administrator's obligations and the condominium owners' powers of control. Specifically, the articles of the Civil Code describing the administrator's duties (Article 1130 of the Civil Code) and the condominium owners' right to inspect documents bearing the related costst (Article 1130-bis and related articles) form the legal basis for this right of access.

The administrator is required to retain records and expense receipts for periods established by case law and, more generally, to "make available" the documentation relating to common management.

2. What condominium owners can actually request

An individual condominium owner may at any time request to the administrator to inspect and obtain copies of documents pertaining the management: financial statements, statements, invoices, contracts with suppliers, accounting records, and documentation relating to work on common areas.

Case law has repeatedly affirmed that the request does not need to be motivated by a special interest: the mere status of condominium owner legitimizes the request, unless there is clear abuse or disclosure would jeopardize the management activity.

3. Limits of the right of access: when the administrator can object

However, the right is not unlimited.

Legal doctrine and case law identify certain constraints, which are worth remembering:

• the request cannot be manifestly instrumental or dilatory: an endless list of repetitive documents or unreasonably repeated requests can legitimately be criticized as an abuse of rights;

• the disclosure must not hinder administrative activity (for example, requests formulated in such a way as to paralyse office operations or impede the ordinary performance of functions);

• the privacy of individuals and third parties must be protected (sensitive data, contracts containing confidentiality clauses, or personal information not relevant to the condominium's interests), with a necessary balance between transparency and privacy;

• the material costs for copying (if paper copies or database extractions are requested) are normally borne by the requester, unless otherwise contractually agreed.

The Court of Cassation, through several rulings (including Order No. 5443/2021), has clarified that the condominium owner is not required to specify the reasons for the request in detail, but the exercise of this right must nevertheless comply with principles of good faith and fairness and not become a means either of harassment or obstruction of proper management.

4. Concrete Obligations of the Administrator

The administrator has very clear practical obligations: to safeguard the documentation, provide access to it, prepare the accounting documentation required for meetings, and ensure transparency in management.

Legislation and case law have clarified that this obligation falls on the condominium body itself (it is not a merely optional requirement), and that failure to cooperate may result in civil liability and, in extreme cases, dismissal or an order requiring compensation.

Courts have repeatedly found against administrators who unjustifiably withheld documentation or failed to return documents at the end of their term.

7. Practical advice for condominium owners and administrators (transparency that avoids litigation).

For condominium owners:

• formulate precise and reasonable requests, preferably in writing;

• indicate the documents required for a thorough review (annual financial statements, invoices for extraordinary work, contracts with suppliers); seek legal action only after attempting dialogue.

For administrators:

• establish clear rules for access (days and times for viewing, booking procedures),

• promptly notify the availability of documents before the meeting,

• safeguard documents for the legally required timeframe, and

• deliver the documentation at the end of the assignment.

Transparent management radically reduces conflicts and the risk of legal action.