how to recover the money from the condominium

My wife recently sold her shop but had paid the last condominium costs (rata) in November to the administrator. The new owners moved into the shop on 15th December. The administrator had calculated that my wife was in credit by nearly 1000 euros, the problem is that the Administrator has said that he won’t refund the money and the new owners have said they won’t pay either. My question is, who is reponsible and how can my wife recover the money?

The condominium “rata” usually regards both past expenses and future ones. For the latter it works as a sort of payment in advance to let the administrator sign contracts and provide for the condominium during the year with a certain availability of money.

So, the new owner of the shop is going to pay less of what he would have had to ,because of your wife payment, while the condominium could not have asked a payment in advance from your wife, since he was about to sell the shop.

The both of them are responsible and you can sue them before the Giudice di Pace should they not give back the money.

About Tiziano Solignani

L'uomo che sussurrava ai cavilli... Cassazionista, iscritto all'ordine di Modena dal 1997. Mediatore familiare. Autore, tra l'altro, di «Guida alla separazione e al divorzio», «Come dirsi addio», «9 storie mai raccontate», «Io non avrò mai paura di te». Se volete migliorare le vostre vite, seguitelo su facebook, twitter, linkedIn, g+ e nei suoi gruppi. Se volete acquistare un'ora (o più) della sua attenzione sui vostri problemi, potete farlo da qui.

Comments

  1. Andrew Miller-Reed says:

    Hello and many thanks for your reply.
    I just want to be sure of a couple of thiongs to make sure I understand exactly how the law works and how stand legally.

    Effectively from what you have said, are you saying that my wife should have paid only part of the "rata" in November and the rest should have been paid by the new owner?

    Am i correct in saying then, that the Administrator of the Condominium was not correct in taking the full amount in November because my wife was in the process of selling the shop and for this we can sue him as well?

    Apologies for asking the question in a slightly modified way but I just wanted to make sure I understood your comments clearly.

    Many thanks in advance.

    • Replying from the iPhone…

      Your wife could have paid less but it is not a matter of whose fault is that, she is just entitled to request the money back, for it was an "indebito oggettivo" on her side.

      Just send a letter asking the money back and should they not send them then sue them.

Di la tua!