Category
Meetings
Notice, quorum, minutes, proxies and challenging resolutions. Everything you need to run valid owners' meetings, chair the session and record decisions in line with the rules.
109 articles
Revising the Thousandths Tables: Meeting and Consent
Thousandths tables are not immutable. Article 69 of the implementing provisions distinguishes the cases where a meeting majority suffices from those requiring the consent of all owners.
ReadCalculating the Quorum: Heads and Thousandths
The condominium quorum is calculated neither on thousandths alone nor on heads alone, but by combining the two parameters. Here is a step-by-step way to verify valid constitution and resolutions.
ReadChallenging the resolution approving the financial report
An owner who believes the report-approval resolution is flawed can challenge it before the judge. Here are the thirty-day term of Article 1137, who has standing to act, the difference between nullity and voidability, and the most common defects.
ReadDissent to a Lawsuit: Active and Passive Cases Under 1132
Dissent to a lawsuit does not apply to every dispute. Here is which cases fall under Article 1132, the difference between active and passive lawsuits, and which decisions stay outside.
ReadForeclosed Unit: Who Votes at the Condominium Meeting
An apartment subject to foreclosure remains owned by the debtor until the forced sale. Who then votes at the meeting? It depends on whether a judicial custodian has been appointed. Here is how to distinguish ownership from administration.
ReadWhen the Meeting Degenerates: Heated Tones and Suspension
Raised voices, insults, threats: sometimes the meeting becomes unmanageable. Here is how the chair can suspend proceedings without jeopardising decisions already taken.
ReadDissolving a Condominium: the Meeting and Articles 61 and 62
A condominium with several buildings can split into separate condominiums. Articles 61 and 62 of the implementing provisions set the requirements and majorities for dissolution, decided at the meeting or by the court.
ReadContested Vote in the Meeting: Recount and Minutes
The chair declares it approved, but someone shouts the numbers do not add up. How to count correctly by head and thousandths and how to handle a recount request.
ReadUnit Under Property Leasing: Who Votes at the Meeting
In property leasing, ownership belongs to the lessor company while the user enjoys the property. Who attends and votes in the condominium? The vote follows ownership, but the contract and practice introduce useful distinctions to know.
ReadThe Annual Ordinary Condominium Owners' Meeting
Every year the condominium must meet in ordinary session to approve the financial statement and the budget. Here is when to convene it, what it can resolve, and what the administrator risks by omitting it.
ReadManaging Conflict at the Meeting: the Chair's Role
A heated discussion need not degenerate into a lawsuit. Here is how the chair, a clear agenda and accurate minutes help manage conflict and prevent challenges.
ReadWho Votes at the Assembly: Usufructuary or Bare Owner
When a unit is subject to usufruct, voting rights at the assembly are split between the usufructuary and the bare owner depending on the matter under discussion. Here is how the allocation works and who must be notified.
ReadSigning the assembly minutes: chairperson and secretary
Signing the assembly minutes by the chairperson and the secretary is not a formality but a step that gives the document evidentiary weight. Here is the role of the two signatures and what happens when the minutes are challenged.
ReadThe super-condominium representative: appointment and powers
In complexes with more than sixty participants, each condominium appoints a representative for the super-condominium meeting. Here is how they are appointed, the scope of their mandate and what must return to the individual condominiums.
ReadMandatory Manager Appointment Beyond Eight Owners
Once there are more than eight owners, appointing a manager is no longer a choice. Here is how the threshold counts, which majorities are needed and what to do if the meeting fails to act.
ReadWho Can Convene the Condominium Owners' Meeting
Convening the meeting is usually up to the administrator, but owners can trigger it too. Here is who can convene, with what requirements, and what to do if the administrator stays inactive.
ReadThe Owner Who Demands Everything Be Minuted
There is always someone who insists every word spoken ends up in the minutes. Here is what the minutes must really contain and how to answer demands for a full transcript.
ReadEffects of Annulling a Condominium Resolution
Once annulled, a resolution loses effect. But with what consequences for charges already paid and works already started? The United Sections distinction clarifies the picture.
ReadSale of a Unit: Who Votes, the Seller or the Buyer
When a unit changes owner during the year, who is entitled to vote also changes. The vote follows ownership: the buyer votes from the moment of transfer. We look at timing, notices to the manager and expense obligations.
ReadWho pays the cost of an extraordinary condominium meeting
Convening and running an extraordinary meeting entails costs: notice expenses, any room rental and the manager's fee for the additional activity. We look at who bears them and how they are shared.
ReadLimits of Majority Power: When Unanimity Is Required
The majority cannot decide everything. Some acts require unanimity or the consent of the owners concerned. Here is where the meeting's power ends and which rights remain intangible.
ReadAnnulled resolution: can you get back the instalments paid?
Annulment of a resolution works retroactively, but until the decision falls the owner must pay. Here is when and how paid sums are recovered, and what changes in the case of nullity.
ReadCan the administrator hold proxies at the meeting?
Article 67 of the implementing provisions prohibits granting proxies to the administrator. Here is the reason for the ban, the single-representative rule for jointly owned units and the other subjective limits on representation at the meeting.
ReadImprovement Without a Qualified Majority: Is It Valid?
Transforming a common part is an improvement and requires a reinforced majority. What happens if the meeting approves it with ordinary-management votes.
ReadVoting for a Jointly Inherited Unit at the Meeting
A flat inherited by several children belongs to all of them pro indiviso, but at the meeting it carries a single voice. How the single representative is appointed and what happens if the heirs disagree.
ReadOnline condominium meetings: how they work and when they are valid
The online condominium meeting is now a modality fully recognised by Italian law. Here is what article 66 of the implementing provisions of the Civil Code requires, when owners' consent is needed and how to ensure resolutions remain valid.
ReadProxies at the condominium meeting: limits, number and rules
A proxy at a condominium meeting lets an owner be represented by another person. Here are the required form, the maximum number of proxies and the limits set by article 67 of the implementing provisions of the Italian Civil Code.
ReadCo-owners in Disagreement: Who Votes for the Shared Unit
When several people jointly own the same unit, at the meeting they are entitled to a single representative. But what happens if they cannot agree on who should vote? The law provides a precise solution.
ReadContested Minutes: Errors and Evidential Value
Minutes do not always record faithfully what happened at the meeting. Here is their value as evidence, how to have errors corrected and when contesting them means challenging the resolution.
ReadCondominium meeting majorities: constitutive and deliberative quorums
Condominium meeting majorities decide whether a meeting is valid and whether a resolution passes. Here are the constitutive and deliberative quorums of article 1136 of the Italian Civil Code, on first and second call, and the cases requiring a reinforced majority.
ReadThe meeting and authorization to litigate (Article 1131)
The manager represents the condominium, but for disputes exceeding their powers the meeting's authorization or ratification is needed. We look at what Article 1131 says and how to resolve correctly.
ReadQualified Majorities in the Meeting: Article 1136
Some decisions require reinforced majorities compared to ordinary ones. Here, matter by matter, are the resolutive quorums of Article 1136 and how many thousandths (millesimi) are really needed.
ReadCalling the condominium owners' meeting: deadlines, methods and content
The notice calling the condominium owners' meeting is how the administrator summons owners to gather and decide. Here are the deadlines, the permitted methods, the mandatory content of the notice and what happens if the procedure is flawed.
ReadManaging Speeches and Time in the Owners' Meeting
A meeting that runs for hours without settling anything discourages participation. Here is how to regulate speeches and time without compressing owners' right to speak.
ReadCondominium meeting minutes: structure, contents and a template
The minutes of a condominium meeting are what give legal force to the owners' decisions. Here is what they must contain, who signs them, when they must be sent and how to build a reliable template.
ReadResolution Derogating From Mandatory Rules: Why It Is Void
Some rules of the Italian Civil Code allow no derogation, in certain cases not even by unanimity. A resolution or clause breaching them is void: the map of the untouchable provisions.
ReadMandatory Mediation in Condominium Disputes
Many condominium disputes must go through mediation before a judge. Here is when it is a condition of admissibility, how the condominium takes part, and what leeway the manager has.
ReadPenalty on an owner with no rule in the regulation: unlawful
A financial penalty for breaching the condominium regulation requires an express provision in the regulation itself. Without that basis, the resolution imposing it is unlawful and can be challenged.
ReadProxy voting in a condominium: how the proxy holder votes
The person who receives a proxy votes in place of the absent owner, but within what limits? Here is how a proxy is drafted, whether binding voting instructions are allowed and what the proxy holder can decide independently.
ReadUrgent works by the manager and ratification at the meeting
The manager may order major works only if urgent, but must report on them at the first meeting. We look at the limit of Article 1135, ratification of the expense and what happens if there was no urgency.
ReadCharging Expenses to a Single Owner: Is the Resolution Lawful?
Loading an expense onto a single owner without a basis in the title or the law is unlawful. When the resolution is void, when only voidable and how to react.
ReadPretextual Postponement Requests in the Owners' Meeting
Those who do not want a resolution often ask to postpone everything to next time. How to recognise a pretextual postponement and how to decide whether to grant it or proceed.
ReadAbuse of the Majority and Protection of the Minority
Majority rule governs the meeting, but it is not unlimited. Here is when a resolution becomes an abuse harming the minority, and what tools dissenting owners have to defend themselves.
ReadThe Meeting With a Single Majority Owner
When a builder or investor owns the majority of the shares, the risk is that they decide alone. The double-quorum system and the limits on abuse protect the minority owners.
ReadWhat the Meeting Minutes Must Contain
Complete minutes are the proof of what the meeting decided and the first defence against challenges. Here are all the elements that cannot be missing and why.
ReadGeneric estimate approved at the meeting: voidable resolution
An expense must be approved with a determined or determinable amount. An open-ended estimate or a blank delegation to the manager makes the resolution voidable for lack of clarity of subject matter.
ReadApproving the condominium financial report at the meeting
The report must be approved by the owners' meeting within reasonable time of the year end. Here are the Article 1136 quorums of the Italian Civil Code, the documents to make available before the meeting, and what happens if approval does not arrive.
ReadOmitted Convocation: When the Resolution Is Voidable
If an owner is not convened, the resolution is not null but voidable. Here is the distinction set by the Joint Divisions, who may challenge it and within what deadline.
ReadThe one-fifth limit on proxies in a condominium meeting
When there are more than twenty owners, a proxy holder cannot represent more than one-fifth of the owners and of the proportional value. Here is how this limit is calculated and what happens if it is exceeded.
ReadThe Developer's Vote for Unsold Units in a Condominium
Until it sells, the developer remains the owner of the units built and takes part in the meeting like any owner. We look at when the condominium comes into being, how the developer votes and what protections the other owners have.
ReadResolution With a Wrong Quorum: What Happens to Validity
Miscounting owners and thousandths, or applying the wrong majority, taints a resolution. A guide to Article 1136 quorums and the consequences for voidability.
ReadOwners 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. We look at the requirements, the ten-day deadline, how to notify everyone and how to make the resolution valid.
ReadNotice Defects: When a Resolution Is Annullable
A missing, late or incomplete notice of meeting vitiates the resolution. The result, however, is not nullity but annullability, with precise deadlines and standing. Here are the rules.
ReadManager's fee not specified: the appointment is void
Appointing a manager without specifying the fee makes the appointment void. The law requires an itemised estimate, not a lump sum. Here is why and what the practical consequences are.
ReadThe Single Owner Acting to Protect Common Parts
A meeting resolution is not always needed to defend the common parts: the single owner has autonomous standing. Here is when they may act alone, how it coordinates with the manager, and what limits apply.
ReadOwner's conflict of interest when voting at the meeting
An owner may be in a conflict of interest with the condominium on a specific decision. Here is when they must abstain, what happens if they vote anyway and how the resistance test on the quorum works.
ReadResolution Harming an Owner's Individual Rights Is Void
The meeting decides by majority, but it cannot dispose of private property or compress individual rights. When this happens the resolution is void, not merely voidable.
ReadAmending the agenda of a condominium meeting
Adding an item to the agenda requires a proper procedure: the owners' request, a supplementary notice to all entitled parties and compliance with deadlines. Here is how to do it without making the resolution voidable.
ReadThe Meeting in a Minimal Condominium of Two Owners
When there are only two owners, the meeting works but can deadlock. Here are the rules that apply to the minimal condominium and how to break a stalemate between the two owners.
ReadWhat the Notice of Owners' Meeting Must Contain
The notice of meeting is not a mere formality: it must state the place, day and time of the first and second calling and a specific agenda. Here are all the elements that cannot be missing.
ReadResolutions Affecting an Owner's Exclusive Property
The meeting manages the common parts, not the individual's apartment. When a resolution seeks to affect exclusive property, the owner's consent is required, otherwise the decision is flawed. We look at boundaries and remedies.
ReadResolution on a non-common asset: nullity and lack of powers
If the meeting deals with an asset that is not common, the decision exceeds its powers. It is not a procedural defect curable in thirty days, but a nullity anyone may raise at any time.
ReadWalking Out of the Meeting and Loss of Quorum
An owner storms out, taking with them the thousandths that were needed. Is the resolution still valid? It depends on the difference between constitutive and deliberative quorum.
ReadLawsuit Costs of the Dissenting Owner: Who Pays
Dissociating from a lawsuit does not cancel every obligation: it changes depending on whether the condominium loses or wins. Here is the right of recourse on a loss and the contribution to costs when the case is favourable.
ReadSuspending a Challenged Condominium Resolution
Challenging a resolution does not stop it from being carried out. To freeze its effects in the meantime you must ask the court for suspension. Here is when and how you obtain it.
ReadSuspending a condominium owners' meeting: how it works
Suspending a meeting means briefly interrupting its business to resume it shortly after. We look at the difference from adjournment, who decides it, what happens to quorums and how to record it in the minutes.
ReadMinutes of a remote meeting: what they must contain
Even in a video conference meeting, the minutes are the document that proves the regularity of the session. Here is what they must state beyond an in-person meeting and how to make them challenge-proof.
ReadChanging Cost-Sharing Criteria Without Unanimity: Void
By majority the meeting can allocate a single expense, but it cannot generally change the legal or contractual sharing criteria. The difference between a void and a voidable resolution.
ReadVote by an unauthorised person: when the resolution is annulled
Not every irregular vote overturns a resolution. What matters is whether the unauthorised vote was decisive in reaching the majority. Here is how the resistance test works.
ReadSupercondominium Assembly and the Appointment of Representatives
In multi-building complexes, decisions about assets truly shared by every building go through the supercondominium assembly. This article explains the representative mechanism that applies once participants exceed sixty, and how commonly shared assets are managed across buildings.
ReadAdjourning an Italian Condominium Meeting: Postponement and Resumption
Italian condominium meetings do not always finish their agenda in one sitting. This article explains when a meeting can be adjourned, how a resumption date differs from a brand new notice of convocation, and what happens to resolutions already passed.
ReadWhat Majorities Are Needed to Appoint and Remove a Property Manager
Article 1136 of the Italian civil code sets the majorities for appointing and removing a property manager. Here are the rules on first and second call, removal for just cause, and recourse to the courts.
ReadObstruction by an Owner in the Meeting: How to Handle It
A single owner can paralyse a meeting with constant interruptions and delaying tactics. Here are the legitimate tools to restore order and get decisions made.
ReadThe Supercondominium Meeting: Notice and Conduct
A supercondominium groups several condominiums around shared assets and services. Its meeting follows special rules, above all when participants exceed sixty and the representative requirement applies.
ReadHow to Notify Dissent to a Lawsuit: Deadline and Form
An owner who wants to separate their liability from a lawsuit decided by the meeting must act within thirty days and in the correct form. Here are the start date, the method, and how to prove the notice.
ReadCondominium Resolutions Requiring Unanimity: Which Ones
In a condominium the rule is majority voting, but some decisions demand everyone's consent. We look at which resolutions require unanimity, why the law treats them differently and what happens if even one consent is missing.
ReadWho Can Challenge a Condominium Resolution
Not every owner can challenge an annullable resolution. The law reserves the action to absent, dissenting and abstaining owners. Here is who has standing and who is excluded.
ReadHow to Send the Notice: PEC, Registered Mail, Fax, Hand
Article 66 of the implementing provisions lists the means by which the meeting notice must be communicated. Here are the strengths, limits and proof value of each: PEC, registered mail, fax and hand delivery.
ReadResolutions on Items Not on the Assembly Agenda: Are They Valid?
The agenda sets the boundaries of what the assembly can decide. Here is why a resolution on an Italian condominium assembly agenda item not properly listed is voidable, who can challenge it, and the exceptions where it still stands.
ReadAppointing an Auditor for Italian Condominium Accounts
Article 1130 bis of the Italian civil code lets the assembly appoint an auditor to review the condominium's accounts. Here is how majorities, costs and the review process work in practice.
ReadCan a Delinquent Owner Vote at the Condominium Assembly?
Many administrators believe unpaid fees automatically exclude an owner from voting, but that is not the case. Here is what the law actually says, when suspension is possible, and how to avoid mistakes in the minutes.
ReadCost split departing from the thousandths tables: voidable
Misapplying existing cost-sharing criteria is not the same as changing them. In the first case the resolution is voidable within thirty days, in the second it is void. A distinction that decides the outcome of a challenge.
ReadRevising the Millesimal Tables: When and With What Majority
Revising the millesimal tables is not a free choice: Italian law only allows it in specific cases, such as an original calculation error or a substantial change in one part of the building. Here is a look at the required majority, the procedure and the judge's role.
ReadDeserted Condominium Assembly: What Happens When No One Shows Up
When neither the first nor the second call of the assembly reaches the required quorum, the meeting is considered deserted. Here are the practical consequences and the steps the administrator must take to keep managing the building smoothly.
ReadOwners' meeting and condominium loan for major works
Financing a major intervention with a loan is a decision for the owners' meeting. We look at competence, required majorities, the relationship with the special fund under Article 1135 and the points to check before signing.
ReadExtraordinary Works Without a Special Fund: Invalid Resolution
The special fund equal to the cost of the works is mandatory for extraordinary maintenance and improvements. What happens if the meeting forgets it and how the resolution is challenged.
ReadWhich platform to choose for a condominium meeting
The choice of video conference platform affects the validity of the meeting and compliance with privacy rules. Here are the technical requirements to weigh, the GDPR rules on recording and how to guarantee access for every entitled owner.
ReadChallenging a Resolution: the 30-Day Deadline
Thirty days to challenge an annullable resolution sounds simple, but the moment the clock starts depends on the owner's position. Here is how to calculate it without mistakes.
ReadAmending the Condominium Bylaws: What Majority Is Required
Amending a condominium's internal bylaws is never a one size fits all operation: the required majority depends on the nature of the existing bylaws and on the specific clause being changed. Here is how the two regimes differ in practice.
ReadChallenging the Appointment of the Meeting Chair
The meeting opens and there is already a fight over who should chair. Here is how the chair is appointed, what powers they have and how to handle a challenge.
ReadRemote condominium meeting: requirements for validity
A remote owners' meeting is valid only if it meets specific technical and legal requirements: majority consent, identification of participants, effective participation and traceable voting. Here is what it takes for the resolution to withstand a challenge.
ReadNotice of Meeting: the Five-Day Deadline Explained
Article 66 of the implementing provisions requires the notice of meeting to reach owners at least five days before the first calling. Here is how the days are actually counted and what happens if the deadline is missed.
ReadApproving an Expense Without Funding: Is It Valid?
The owners' meeting approves work but does not say where the money comes from. Is the resolution void, voidable or simply risky? Practical distinctions between ordinary and extraordinary expenses.
ReadNon-essential works in a condominium: when the resolution is voidable
A non-essential improvement approved without the qualified majority for innovations exposes the resolution to annulment. Here is why, who may challenge it and how the dissenting owner is protected.
ReadThe First Meeting of a Newly Formed Condominium
A condominium comes into being automatically when a building passes to more than one owner. The first meeting gives the management a structure: who convenes it, with which majorities and what belongs on the agenda.
ReadThe Register of Meeting Minutes: Duties and Upkeep
The register of minutes is the condominium's historical memory. Here is what the manager must record, how long to keep it and how to guarantee owners the right to inspect it.
ReadOwners' request to convene a meeting (Article 66)
Article 66 of the implementing provisions lets at least two owners representing one sixth of the building's value request a meeting. Here are the requirements, the form of the request and the remedies for the manager's inaction.
ReadVoting for a Unit Owned by a Minor or Incapacitated Person
When an apartment is owned by a minor or an incapacitated person, the voting right does not disappear: it is exercised by the legal representative, within precise limits. Here is who votes, when court authorisation is needed and how to record it correctly.
ReadThe tenant's participation in the condominium meeting
A tenant can take part in the condominium meeting, but only in specific cases: voting on heating and air conditioning and attending without a vote when other common services are changed. Here is what the law provides.
ReadSigning the condominium meeting minutes: who signs and what it means
Signing the condominium meeting minutes usually involves the chair and the secretary. Here is who signs, what value the signature carries and what happens if the minutes are not signed.
ReadVoid and voidable condominium resolutions: the differences
Not all invalid meeting resolutions are the same. Void and voidable condominium resolutions have different causes, challenge deadlines and consequences. Here is how to tell them apart under the Italian Civil Code and case law.
ReadAbstaining from a vote in the condominium meeting: how it affects the count
An owner who abstains is not simply undecided: the choice weighs on how majorities are counted. Here is how abstention affects the constitutive and deliberative quorum under article 1136 of the Italian Civil Code.
ReadVoting rights in the Italian condominium meeting: who votes and how votes are counted
In the meeting not every attendee carries the same weight and not everyone is entitled to vote on every item. Here is who holds voting rights in the Italian condominium meeting, how heads and thousandths add up and which quorums are needed to resolve.
ReadChair and secretary of the Italian condominium meeting
The chair of the condominium meeting and the secretary make sure the meeting is validly formed and properly run. Here is who appoints them, what duties they hold and how the minutes are drafted.
ReadFull-attendance condominium meeting: when it is valid
A full-attendance meeting (assemblea totalitaria) occurs when every owner entitled to vote is present. Italian case law lets it cure notice defects, but within precise limits. Here is when it is truly valid.
ReadThe condominium meeting on second call: majorities and rules
When the first call fails to reach quorum, the condominium meeting reconvenes on second call with lower majorities. Here are the quorums under article 1136 of the Italian Civil Code, the timing and the decisions that still require reinforced majorities.
ReadConstitutive and deliberative quorum of the Italian condominium meeting
For a resolution to be valid the meeting must first be validly constituted and then vote with the right numbers. Here is how the quorum of the condominium meeting is calculated on first and second call under article 1136 of the Italian Civil Code.
ReadThe agenda of the condominium meeting: how to draft it
The agenda of a condominium meeting lists the matters owners will discuss and vote on. Here is how to draft it, how specific it must be and why a vague item can make a resolution voidable.
ReadExtraordinary condominium meeting: when it is called
An extraordinary condominium meeting is called outside the ordinary schedule, when owners need to decide on urgent or unplanned matters. Here is who can request it, in which cases and with which majorities it resolves.
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