Jointly Owned Units: The Single Representative Rule

It often happens that a single unit belongs to several people in undivided joint ownership, for example siblings who inherited an apartment or spouses in community of property. In these cases the condominium does not deal with each co-owner separately: Article 67 of the implementing provisions of the Italian Civil Code states that the joint holders of a unit are entitled to a single representative at the meeting. It is this figure who exercises the vote for the unit's entire thousandth share, preventing a single property from multiplying into as many voices as there are co-owners.

Why a single representative

The single representative rule answers a need for order and consistency. If each co-owner could attend and vote independently, a unit with four joint holders would end up counting four heads for a single apartment, distorting the ratio between the number of owners and value. With a single representative, instead, the unit counts as one head and weighs for its thousandths, exactly like units belonging to a single owner. In this way the double-count criterion, heads and thousandths, stays balanced.

How the representative is appointed

The representative is designated by the interested co-owners. The choice can be made informally or by a written act, and it is advisable to communicate it to the administrator for the correct handling of notices and voting. If the co-owners cannot agree on the appointment, Article 67 provides that the chair of the meeting shall arrange it by drawing lots. This solution ensures that the unit is represented even in case of disagreement among the joint holders.

The representative's vote

The representative casts a single vote that binds the entire unit and counts for all the thousandths attributed to it. They cannot split the vote according to the internal co-ownership shares: the condominium receives a single expression of will. Any disputes among co-owners over how to vote remain an internal matter for the group and do not concern the condominium, which simply records the vote of the designated representative.

Liability for expenses

On the financial side, the co-owners are liable for the condominium expenses relating to their unit. The principle of joint liability among the joint holders applies: the condominium can demand the entire amount owed for the unit, subject to each holder's right to settle internal relations in proportion to their respective shares. Some practical points to keep in mind:

• the condominium instalment is a single one for the unit, not automatically split per co-owner;
• the condominium can pursue recovery against the joint holders under the rules of joint liability;
• the internal split among co-owners follows the co-ownership shares and their agreements;
• it is useful for co-owners to indicate a contact person for payments and communications.

Notice and communications

The notice of meeting must reach the jointly owned unit. Where a designated representative exists, the notice can be addressed to them, but it is good practice to ensure that all joint holders are informed, especially when there is no stable appointment. Careful handling of communications avoids disputes over the regularity of the notice, which is a requirement for the validity of the resolution. The condominium register must record the data of all co-owners and any contact person.

Managing jointly owned units without errors

Units with multiple joint holders require care in handling notices, voting and instalments. With AmministraPro the administrator links all co-owners to each unit, indicates the representative and keeps a single instalment for the property, with correct communications to all holders. This reduces errors in counting heads at the meeting and in collecting shares. The register and meeting management features are described at /funzioni, while the plans for the practice are at /prezzi.