Minimum Condominium: What to Do When the Meeting Stalls

A minimum condominium is one made up of only two participants. According to the Italian Court of Cassation sitting in joint chambers (judgment no. 2046 of 2006), the rules on condominiums in buildings, Articles 1117 and following of the Civil Code, apply, and not those on common ownership. The most delicate practical consequence concerns decisions: with only two owners the meeting is validly constituted only if both are present and resolutions require unanimous agreement. When that agreement is missing, however, management must not become paralysed: the court steps in.

Why the minimum condominium follows condominium rules

For years case law was split between applying the rules of common ownership to a two-owner building and applying those of condominium. The 2006 joint chambers ruling settled the conflict: even with two participants there is a building with common parts and parts in exclusive ownership, so condominium rules apply. This means the possible appointment of a manager, thousandths tables (tabelle millesimali), the division of expenses under Articles 1123 and following, and the duty to account.

The peculiarity lies in how the meeting operates. The majorities under Article 1136 presuppose a plurality of voters among whom a majority can form. With only two owners a numerical majority cannot form: either both agree, and the resolution is valid, or there is disagreement, and no resolution is passed.

The meeting with two participants

In a minimum condominium the meeting is properly constituted only if both owners are present. There is no second call allowing a decision with reduced quorums: the presence of just one of the two is not enough to resolve. The decision is valid if both vote the same way; if one dissents, the collective will does not take shape.

• The meeting is valid only if both owners are present
• The resolution requires the concurring vote of both
• Disagreement blocks the formation of the resolution
• Appointing a manager is not mandatory (with fewer than nine owners it is optional)

What happens in case of disagreement

Disagreement between the two owners is the typical situation of the minimum condominium. One owner wants to renovate the facade, the other does not; one wants to appoint a manager, the other prefers self-management. In these cases no resolution is born, but the problem remains. The law does not leave the building at the mercy of deadlock: it provides a tool to unblock necessary decisions.

Recourse to the court under Article 1105

The tool is recourse to the judicial authority provided by Article 1105, fourth paragraph, of the Italian Civil Code, set out for common ownership and applicable to the minimum condominium too, to overcome the impossibility of forming a majority. The rule states that if the necessary measures for the administration of the common thing are not taken, or a majority does not form, each participant may apply to the court, which decides in chambers. The court may order the indispensable measures and, in the cases provided, appoint an administrator.

The application is not meant for discretionary choices of mere convenience, but for acts necessary to preserve and manage the common property, such as urgent works or mandatory obligations. It is a safety valve against paralysis, not a way to bypass the other owner's dissent on matters of expediency.

Expenses, accounting and good practice

In a minimum condominium too, expenses are divided according to legal criteria: in proportion to the thousandths for general expenses, and by use or function for special expenses such as stairs and lifts (Articles 1123 and 1124). The absence of a manager does not remove the duty to keep accounts in order and to document income and outgoings: it is in the interest of both owners to have clear accounting, useful also in the event of a future sale of the unit.

Keeping the accounts, tables and minutes of a minimum condominium in order is easy with a tool designed for condominium management. AmministraPro lets you manage even small buildings with statements, cost allocation and a document archive: the features are described on the /funzioni page, while plans suitable for the smallest condominiums are on /prezzi.