Owners self-convening a meeting when the manager is inactive

If the manager does not convene the meeting despite a valid request, owners may act directly. Article 66 of the implementing provisions of the Italian Civil Code states that, once ten days have elapsed in vain from a request made by at least two owners representing one sixth of the building's value, those same applicants may convene the meeting. This is self-convening: a safeguard that prevents a passive or conflicted manager from paralyzing the life of the condominium. A resolution adopted this way is valid provided the notice reaches all entitled parties and the ordinary rules on convening are respected.

The prerequisites for self-convening

Self-convening is not a free-standing power: it presupposes a proper initial request. At least two owners, together holding one sixth of the building's value, must have asked the manager in writing to convene the meeting, stating the items. From that request the ten-day period runs. Only if the manager remains inactive, i.e. does not convene within the term, may the applicants proceed on their own. The sequence is therefore: valid request, fruitless lapse of the ten days, direct convening.

• Written request by at least two owners holding one sixth of value
• Specific indication of the items to be handled
• Lapse of ten days without convening by the manager
• Direct convening by the same applicants

The ten-day deadline

The ten-day period runs from the manager's receipt of the request. That is why it is essential to send the request by a means giving certain proof of the date, such as registered mail with return receipt, certified email (PEC) or hand delivery with signature. If the manager convenes within the term, even setting the meeting for a later date, the obligation is fulfilled and self-convening is not allowed. Only silence prolonged beyond the ten days legitimizes the owners' initiative.

How to notify everyone

Whoever self-convenes must respect the same rules that apply to the manager. The notice must contain the specific agenda, the indication of place, date and time of the first and any second call, and must be communicated to each owner at least five days before the first call by a means suitable to prove receipt. The critical point is completeness: the notice must reach all entitled parties. Failure to notify even a single owner makes the resolution voidable upon challenge by the absentee who was not notified.

For this reason the owners who self-convene must obtain the updated registry list, with contact details and thousandths. In many cases the practical difficulty is precisely obtaining the contact data, which is normally held by the manager. Keeping proof of delivery to each recipient is indispensable to withstand any disputes.

Validity of the resolution and minutes

A self-convened meeting is in all respects a condominium meeting: it appoints a chair and a secretary, verifies the quorums, discusses and resolves on the agenda items with the majorities required by law. The minutes must be drawn up and kept in the minutes register. Nothing prevents the manager's position, for example their removal, from also being addressed there, if the topic was properly included in the notice. The resolution is valid without the need for the manager's presence or signature.

Cautions and limits

Self-convening must be used rigorously. Convening without having first made the request to the manager, or before the ten days have elapsed, exposes the resolution to the risk of invalidity. Likewise, an incomplete notice or a generic agenda frustrate the initiative. It is also wise to stay within the perimeter of the stated topics: you cannot resolve on topics other than those convened, save for a plenary meeting of all owners. In the most complex cases, when the manager obstructs access to the necessary data, recourse to the judicial authority may be appropriate.

• Document the request and the lapse of the ten days
• Obtain the complete registry of owners
• Send the notice to everyone with proof of receipt
• Stay within the convened topics and minute correctly

Tools for an orderly convening

A direct convening requires up-to-date data, tracked notices and orderly minutes, exactly what a good management system guarantees even when management is delicate. With AmministraPro the owners' registry, notices with receipts and the minutes register are always available and consistent. The features dedicated to meetings and communications are described at /funzioni, while the plans for firms of different sizes are at /prezzi.