The Meeting in a Minimal Condominium of Two Owners

A minimal condominium is one made up of only two owners, and the condominium rules apply to it as well, including those on the meeting and on majorities. Decisions are taken at the meeting with the majorities of Article 1136 of the Italian Civil Code calculated on the thousandths (millesimi), but with only two heads the real risk is deadlock: when the two owners hold equal shares and disagree, no majority forms. In that case the law offers a way out through recourse to the judicial authority.

The minimal condominium exists as a condominium

For a long time it was debated whether a building with only two owners was governed by condominium rules or by the rules on co-ownership. The settled view recognises that the minimal condominium is a condominium in all respects: the common parts of Article 1117 arise, the management obligations apply and decisions are taken at the meeting. It is therefore incorrect to ignore the meeting formalities merely because there are two participants.

Notice and minutes even for two

Even in a minimal condominium the meeting must be convened and decisions must be minuted. When formal proof is needed, notice follows Article 66 of the implementing provisions, sent at least five days in advance with an agenda. If both owners are present and in agreement, the resolution is valid as a full (totalitaria) meeting. Minuting decisions is useful even for two, because it records the agreements and prevents disputes over expenses.

Majorities with only two owners

The majorities of Article 1136 require, for ordinary decisions on the second call, the favourable vote of the majority of those present representing at least one third of the value. With two owners the quorum forms only if both agree, or if one of them holds a sufficient share of value and the law permits it for that specific matter. When the shares are equal and the two disagree, the decision cannot be taken by majority: this is the typical deadlock situation.

• If the two owners agree, the resolution is valid as a unanimous decision
• If they hold different shares and the matter allows it, the one representing the value required by law prevails
• If shares are equal and there is disagreement, no majority forms and an external remedy is needed
• Decisions taken with a non-existent majority are invalid and can be challenged

How to break the deadlock

When the two owners cannot agree on acts necessary for the preservation or enjoyment of the common parts, the route is recourse to the judicial authority. Article 1105 of the Italian Civil Code, laid down for co-ownership and applicable by analogy, allows each participant to apply to the court to adopt the necessary measures when no majority forms or a decision is not carried out. The court may order the indispensable works and, in the cases provided for, appoint a manager.

Urgent works cannot wait

Deadlock does not justify inaction in the face of urgent works. If a work is necessary and cannot be postponed, for example repairing a roof that lets in water, one of the two owners may carry it out and claim from the other reimbursement of the expense share according to the allocation criteria. It is prudent to document the urgency and inform the other owner of the work, so that the reimbursement cannot be contested.

Allocation of expenses

Common expenses are allocated under Article 1123 of the Italian Civil Code, in proportion to the value of the units save for the special criteria for assets serving to a different extent or only some owners. In the minimal condominium, in the absence of formal tables, the proportion is derived from the thousandths shown in the deeds or from a technical assessment. Keeping orderly accounts, with documented income and expenditure, is the best defence when relations between the two owners become tense.

Even a condominium of two units deserves traceable management, with proper minutes, allocations and accounts. AmministraPro lets you formalise decisions and document common expenses even in the smallest structures: the features are shown on the /funzioni page, and the plans, calibrated for minimal condominiums too, can be compared on the /prezzi page.