Can a Delinquent Owner Vote at the Condominium Assembly?

A recurring question among administrators and owners is whether a delinquent owner can attend and vote at the assembly like any other property owner. The answer, which often surprises those expecting automatic exclusion, is that being in arrears does not by itself suspend the right to vote: an owner who has not paid their contributions remains fully entitled to speak and cast a vote on resolutions, except in specific cases set out by law.

The general principle: a delinquent owner still votes

The right to attend and vote at the assembly stems from ownership of the unit, not from the state of payments. An owner who is behind on contributions, even significantly, does not automatically lose this right: they continue to count whenever the constitutive and deliberative quorum is calculated, and their vote weighs in the majority exactly like that of an owner who is fully paid up.

This principle prevents delinquency from becoming a tool for arbitrary exclusion: if simply missing an installment were enough to lose a voice at the assembly, it would open the door to challenges over the validity of resolutions any time a participant has outstanding debts, with destabilizing effects on the life of the building.

The exception: suspension from common services

Article 63 of the implementing provisions of the Civil Code does provide for a different possibility than stripping voting rights: in case of prolonged arrears, the administrator, following an assembly resolution, may suspend the delinquent owner from common services that can be enjoyed separately, such as central heating or the elevator, when the suspension does not harm the other owners. This is a tool of economic pressure, not a sanction on voting rights.

It is important that the administrator does not confuse the two levels: suspending a service is possible under certain conditions, but preventing a delinquent owner from attending or voting at the assembly has no legal basis and, if it happened, would expose the resolution to the risk of being annulled on appeal by the excluded owner.

What the building regulation can do instead

Some contractual regulations attempt to introduce clauses limiting the rights of delinquent owners, but these provisions must be read with caution: a clause suspending voting rights would be hardly compatible with general principles governing ownership and condominium participation, and enforcing it in practice easily leads to disputes. The regulation can instead more solidly govern default interest, reminder procedures, and the practical consequences of arrears on the enjoyment of services, staying within what the law allows.

The administrator's role at the assembly

During the meeting, the administrator must verify attendance and correctly calculate the represented shares, including delinquent owners without any distinction. It is useful for the minutes to record, when relevant to the discussion, the payment status of those present, for example when discussing debt recovery or the creation of an arrears fund, but this information must never translate into exclusion from voting.

Arrears authorize suspension from certain common services, not the loss of voting rights: these are two different tools, with distinct requirements and limits.

How to properly manage suspension from services

When the assembly decides to apply Article 63, it is advisable to formalize the resolution precisely: indicate the amount owed, the service being suspended, verification that the suspension will not harm other owners, and formal notice to the owner concerned before the measure is actually implemented. A suspension applied without these steps risks being successfully challenged.

• A delinquent owner attends and votes like any other property owner
• Suspension from common services requires a specific assembly resolution
• The suspension must not harm the other owners
• Regulation clauses limiting voting rights for arrears carry a high risk of nullity
• The minutes must precisely document the decisions taken and their basis

Preventing arrears with management tools

Many conflict situations arise from slow handling of payment reminders and poor transparency on payment status. A well-structured condominium software helps administrators track deadlines, generate automatic reminders and maintain full traceability, reducing disputes and making assembly management easier too when some participants are behind on payments.

AmministraPro provides administrators with exactly these monitoring and communication tools. To see how they work in detail, one can check the features page, while plans and costs are described on the pricing page of the site.