The powers of the condominium meeting under article 1135 of the Civil Code

The powers of the condominium meeting under article 1135 of the Civil Code define the range of decisions that belong to the owners gathered together and that no other body can take in their place. The meeting is the sovereign body of the condominium: it appoints and confirms the administrator, approves the accounts, decides on the more demanding works and on the lawsuits that fall outside ordinary management. Knowing these powers helps both the administrator, in order not to exceed their authority, and the owners, so they know what they are entitled to resolve upon.

The powers of the meeting in article 1135 of the Civil Code

Article 1135 lists precisely the matters reserved to the meeting. In addition to what the other articles provide, the meeting confirms the administrator and sets any remuneration, approves the budget of expenses and their allocation, approves the annual financial statement and decides on the use of any surplus, and resolves on extraordinary maintenance works and improvements. This list draws the line between what the meeting decides and what the administrator may do alone.

Appointment, confirmation and remuneration of the administrator

The first power concerns confirming the administrator and setting their fee. It is the meeting that decides who administers the condominium, for how long and on what economic terms. The remuneration should be agreed at the time of appointment, so as to avoid future disputes over the amount due. Clarity on term and fee also protects the administrator, who works on a shared and verifiable basis.

This area also covers the choice of whether to renew the role at expiry. The meeting assesses the past year's work and decides freely, without the outgoing administrator being able to claim a right to reappointment. It is a prerogative of the owners that underlines the fiduciary nature of the relationship.

Approving the budget and allocating expenses

The meeting approves the budget of expenses required during the year and resolves on their allocation among the owners. The budget is the tool used to plan the management and set the instalments: without its approval the administrator has no shared basis on which to request payments. The allocation follows the thousandth (millesimal) tables or the specific criteria of individual expenses.

Approving the annual financial statement

At year end, the meeting approves the annual financial statement prepared by the administrator and decides on the use of any surplus from the management. This is the moment when the owners verify how the funds were spent and compare actual outgoings with the budget. Approval of the statement closes the financial year and settles each owner's accounting position.

Extraordinary maintenance and the mandatory special fund

Extraordinary maintenance works and improvements fall within the powers of the meeting. In these cases article 1135 requires the creation of a special fund equal to the amount of the works. If the works are to be carried out in stages, the fund may be set up in relation to the individual payments due. This rule protects suppliers and ensures that the condominium actually has the necessary sums available before starting the works.

The special fund comes from the condominium reform precisely to avoid works starting without financial cover, leaving the contractor exposed and the condominium struggling to raise the sums as the work proceeds. Before resolving on significant works, therefore, the meeting must plan not only the technical choice but also the schedule of payments that feeds the fund.

Lawsuits and the residual powers of the meeting

The meeting resolves on active and passive lawsuits relating to matters that exceed the administrator's powers. It may also authorise the administrator to take part in local projects and initiatives promoted by local institutions or qualified private parties, including to encourage the renewal of the building stock, safety and environmental sustainability of the area. The administrator's own powers remain, exercised alone within ordinary management.

The line between the two spheres is not always clear, and this is where many disputes arise: if the administrator takes alone a decision that belonged to the meeting, the initiative may be disowned and the expense left to their account. For this reason, in doubtful cases, it is prudent to put the matter to the meeting anyway, since it remains the body responsible for the more significant choices.

How decisions are taken

Resolutions are adopted with the majorities set by article 1136 of the Civil Code, which vary according to the matter and the importance of the decision. A proper notice, a clear agenda and an accurate set of minutes are the conditions for resolutions to be valid and hard to challenge. Form is not a detail: the durability of the decisions taken depends on it.

Managing the meeting with management software

Management software supports the whole meeting cycle, from the notice with the agenda to recording attendance and thousandths, through to the automatic calculation of the majorities under article 1136 and the drafting of the minutes. AmministraPro links the approved budget and financial statement to the powers of the meeting under article 1135, so every resolution stays traceable and consistent with the accounts. You can see how it works on the features page or compare the plans in the pricing section.