Proxies at the condominium meeting: limits, number and rules

A proxy at a condominium meeting is the tool by which an owner who cannot or does not want to attend in person appoints another individual to attend and vote in their place. It is a right granted by law, but it is not without rules: after the 2012 reform the matter is governed by article 67 of the implementing provisions of the Italian Civil Code, which sets its form, numerical limits and some precise prohibitions. Knowing these rules is essential, because an irregular proxy can affect the quorum and make a resolution challengeable.

The proxy must be in writing

The first requirement is form. Any owner may attend the meeting through a representative, but the proxy must be granted in writing. The written form, introduced by the reform, provides certainty about the identity of the person granting it and the powers conferred. No sacramental formula is required: a text indicating who grants the proxy, who receives it and the meeting to which it refers, signed by the owner, is enough.

How many proxies one person can hold

The numerical limit is the most important novelty of article 67. When there are more than twenty owners, a single representative may not hold more than one fifth of the owners and of the proportional value, that is one fifth of the thousandths (millesimi). The limit works in two directions: both on the number of heads and on the millesimal share represented. It prevents a single person from concentrating too much voting power and steering the meeting's decisions.

If instead there are twenty owners or fewer, the one-fifth limit does not apply and a person may in theory collect a larger number of proxies, unless the condominium rules provide otherwise.

The administrator cannot receive proxies

One clear rule concerns the administrator: no proxies may be granted to the administrator for participation in any meeting whatsoever. The ban protects the impartiality of the person who calls and runs the meeting and avoids conflicts of interest, for example when the agenda includes the approval of their own work or of the financial statement.

Co-ownership and undivided property

When a unit is co-owned by several people, they are entitled to a single representative at the meeting. The representative is designated by the co-owners according to the rules on joint ownership; if they fail to agree, the court may step in. In practice, several owners of the same apartment count as a single participant, with a single vote cast according to the unit's thousandths.

What happens if a proxy is irregular

Complying with the rules on proxies is not mere formalism. If a representative exceeds the one-fifth limit, or if a proxy without written form is admitted, the votes cast in excess or invalidly can distort the calculation of the majorities. A resolution approved thanks to irregular proxies risks being annulled if an owner challenges it within the legal deadline. That is why the chair should verify the proxies before opening the proceedings.

• Collect proxies in writing, signed by the granting owner.
• Check that the representative does not exceed one fifth of heads and thousandths above twenty owners.
• Exclude any proxy granted to the administrator.
• Record proxies and attendance in the minutes for the quorum calculation.

Proxies and the condominium rules

The condominium rules may contain specific provisions, for example banning proxies altogether or restricting them further. It should be remembered, however, that the rules cannot derogate for the worse from the mandatory provisions protecting the owner. In case of conflict between the rules and article 67, the law prevails in its mandatory content.

Managing proxies and attendance with software

Keeping proxies, attendance and thousandths under control during the meeting is easier with digital support that calculates the quorum automatically and flags when a proxy exceeds the limits. This way the check does not depend on manual counts made in a hurry at the opening of the session.

AmministraPro helps the administrator manage the notice of meeting, the recording of proxies and the automatic calculation of the head and millesimal quorum, reducing the risk of challengeable resolutions. You can see how it works on the features page or compare the plans in the pricing section.