CONDOMINIO – L’AMMINISTRATORE ED IL RECUPERO DEL CREDITO CONDOMINIALE: Spese condominiali non pagate e decreto ingiuntivo immediatamente esecutivo

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Ciò di cui si vuole parlare oggi è, forse, uno dei temi più spinosi nella gestione del condominio, ossia, la morosità dei condomini.

E’ noto, infatti, che non sempre e non tutti rispettano le scadenze dei pagamenti o corrispondono le spese condominiali deliberate e dovute: tale situazione costringe spesso il Condominio ad istituire
fondi di riserva, con dispendio economico da parte dei condomini adempienti che, purtroppo, si vedono costretti ad accollarsi anche le spese non versate dai condomini morosi.

Il Codice del Condominio, fortunatamente, offre uno strumento processuale di grandissima efficacia: il decreto ingiuntivo  immediatamente esecutivo.

A norma dell’art. 63 disp. att. c.c., infatti, “per la riscossione dei contributi in base allo stato di ripartizione approvato dall'assemblea, l'amministratore, senza bisogno di autorizzazione di questa, può ottenere un decreto di ingiunzione immediatamente esecutivo, nonostante opposizione, ed è tenuto a comunicare ai creditori non ancora soddisfatti che lo interpellino i dati dei condomini morosi”.

La procedura, dunque, è rapida dal momento che l’Amministratore non necessita di alcuna autorizzazione da parte dell’Assemblea. Non solo: a norma dell’art. 1129 c.c., “l'amministratore è tenuto ad agire per la riscossione forzosa delle somme dovute dagli obbligati entro sei mesi dalla chiusura dell'esercizio nel quale il credito esigibile è compreso, anche ai sensi dell'articolo 63, primo
comma, delle disposizioni per l'attuazione del presente codice”.

Tale disposizione di legge risponde al principio già ormai più volte citato in tema di recupero del credito: quello di non procrastinare il recupero al fine di non aumentare il proprio credito.

Infatti, più velocemente si agisce e minore è l’importo dovuto, più è facile recuperare concretamente il proprio credito.

In questa sede, peraltro, si sottolinea l’obbligatorietà, per l’Amministratore, di agire per il recupero anche giudiziale del credito.

In caso di mancato pagamento delle spese condominiali alla scadenza, dunque, l’Amministratore dovrà inviare immediatamente un sollecito di pagamento al condomino moroso e, in caso di mancato riscontro da parte del debitore, contattare l’Avvocato il quale predisporrà, prima, una formale diffida di pagamento e, nei successivi 10 giorni, il ricorso per decreto ingiuntivo immediatamente esecutivo.

A costi ridotti, e con il solo deposito dei verbali di Assemblea sottoscritti e contenenti l’approvazione di consuntivi e/o preventivi di spesa per l’importo non pagato, sarà possibile ottenere il decreto ingiuntivo immediatamente esecutivo che, oltre a ricomprendere l’importo capitale, conterrà anche la condanna al rimborso delle spese legali sostenute dal Condominio.

Sarà così possibile immediatamente notificare l’atto di precetto unitamente al decreto al condomino moroso e, in caso di mancato pagamento, entro 10 giorni si potrà agire mediante esecuzione forzata, per la quale rimando alla Newsletter n. 4/2017.

Anche in caso di recupero forzoso, in ogni caso, molte sono le possibilità di effettivo recupero: basterà, ad esempio, pignorare i canoni del conduttore del condomino moroso (in caso di locazione) o aggredire il conto corrente dal quale il condomino ha effettuato, precedentemente, i pagamenti.

Saranno ovviamente possibili, inoltre, tutte le altre azioni esecutive a disposizione del creditore.

******

Ulteriore strumento a disposizione dell’Amministratore di condominio è quello di cui all’art. 63, 3° co. disp. att. c.c.: “in caso di mora nel pagamento dei contributi che si sia protratta per un semestre, l'amministratore può sospendere il condomino moroso dalla fruizione dei servizi comuni suscettibili di godimento separato”.

Tale disposizione, dunque, consente addirittura all’Amministratore di sospendere i servizi comuni (quali, ad esempio, l’utilizzo del riscaldamento dell’acqua calda): in ogni caso, ciò è possibile solo nel caso in cui tali servizi siano suscettibili di godimento separato.

Proprio per la grande invasività di tale sospensione, questa dev’essere effettuata solo in caso di extrema ratio e, in ogni caso, adottando opportune cautele: nonostante tale potere sia attribuito in via di autotutela all’Amministratore e, dunque, senza previa autorizzazione da parte del Giudice, la sospensione dei servizi può risultare particolarmente afflittiva e bisognerà pertanto sempre tener conto della situazione soggettiva del condomino moroso ed evitare tale strumento in caso di situazioni particolari.

Tale strumento sconta inoltre, quale difficoltà principale, il fatto che non sempre il condomino acconsentirà l’accesso alla Sua proprietà per i distacchi e sarà così necessario rivolgersi al Giudice per ottenere un adempimento coatto.

******

Resto a disposizione per valutare la morosità dei condomini e le azioni necessarie al recupero del credito, considerato l’obbligo per l’Amministratore di agire per il recupero del credito e la particolare
efficacia degli strumenti messi a disposizione: contattatemi!

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