Abstaining from a vote in the condominium meeting: how it affects the count

Abstaining from a vote in the condominium meeting is the choice of an owner who, though present at the meeting, decides not to express support or opposition to a proposal. It is not the neutral gesture it may seem: the presence of the abstaining owner and the absence of a vote produce specific effects on the majorities required to approve a resolution. Understanding how abstentions are counted is essential for the administrator who has to keep an accurate record and for owners who want to know whether a decision was validly taken.

What it means to abstain from voting

To abstain means to take part in the meeting and in the discussion without taking sides at the moment of the vote. It is a position distinct from both a vote in favour and a vote against, but also from absence: the abstaining owner is physically present and therefore contributes to the constitution of the meeting, which those who do not attend do not. This dual nature, present but not voting, is why abstention must be handled carefully when counting the quorums.

Abstaining from a vote in the condominium meeting and article 1136 of the Civil Code

The calculation of majorities in a condominium is governed by article 1136 of the Italian Civil Code, which distinguishes two moments: the valid constitution of the meeting and the validity of individual resolutions. On first call the meeting is properly constituted with the participation of the majority of owners representing at least two thirds of the value of the building. Ordinary resolutions must then be approved by a number of votes representing the majority of those present and at least half the value of the building on first call, with reduced quorums on second call.

Abstention and the constitutive quorum

For the constitutive quorum, that is the minimum number of participants needed for the meeting to be validly held, the abstaining owner is counted in full. Anyone who attends the meeting, even if they will not vote, helps reach the attendance threshold required by article 1136. In this sense the abstaining owner is treated like a voter: their presence serves to make the assembly valid.

Abstention and the deliberative quorum

The picture changes when it comes to the deliberative quorum, that is the count of votes approving the individual proposal. The abstaining owner does not contribute to forming the favourable majority, because no positive vote is cast. According to established case law, for the purposes of calculating the majority needed for approval the abstaining owner's vote is treated like that of a dissenting owner: in practice it is not added to the votes in favour. This means that a high number of abstentions can prevent the required majority from being reached, exactly as votes against would.

Is the abstaining owner bound by the resolution?

Once approved by the majorities required by law, the resolution binds all owners, including those who abstained and those who were absent. Abstention therefore does not exempt an owner from complying with the decision taken and from contributing to the expenses resolved upon. The only way to escape the effects of a resolution believed to be unlawful is to challenge it before the courts, within the time limits and in the manner provided by law.

Abstention and challenging the resolution

On the point of challenges, article 1137 of the Civil Code reserves the possibility of challenging resolutions to absent, dissenting and abstaining owners. The abstaining owner therefore keeps the right to contest in court a resolution believed to be contrary to the law or to the building regulations, within thirty days. Those who voted in favour, by contrast, cannot challenge. It is a further element that makes abstention a deliberate choice rather than a mere lack of opinion.

How to record abstentions correctly

A well drafted record must separately show those in favour, those against and those abstaining, with the related thousandths, so that the reaching of the quorums can be verified at a glance. Confusing abstaining owners with absent ones, or omitting to note them, is one of the mistakes that most often exposes a resolution to challenge. Recording the name, thousandths and position of each participant is the basis for a correct count.

Managing the vote count with software

With management software the calculation of majorities is no longer a manual operation prone to error. By recording each owner's presence and the vote cast, in favour, against or abstaining, the system automatically adds up heads and thousandths and flags whether the constitutive and deliberative quorums have been reached, reducing the room for challenge.

AmministraPro handles meeting voting with automatic counting of heads and thousandths, a clear distinction between those in favour, against and abstaining, and generation of a compliant record. You can see how it works on the features page or compare the plans in the pricing section.