Resolution Harming an Owner's Individual Rights Is Void

A meeting resolution that affects an owner's rights over their exclusive property, or that compresses individual rights over common parts beyond the meeting's powers, is void and may be challenged by anyone with an interest with no time limit. The principle is simple: the meeting decides by majority only on the management of the common property, not on the private assets of individuals nor on the rights the law grants to each one. Beyond this boundary, the majority has no power and the resolution has no effect from the outset.

The boundary between common management and individual rights

The meeting is the body that governs the common parts and services: it appoints the manager, approves the accounts, decides on expenses and maintenance, regulates the use of common things. Its power stops, however, before each owner's exclusive property and the individual rights arising from the deed of purchase or from the law. No majority, however large, can dispose of what belongs to the individual or deprive them of a faculty that is theirs.

This difference explains why some resolutions are not merely wrong but radically invalid. When the meeting invades the owner's individual sphere, it does not commit a procedural error that can be cured by consolidation over time: it adopts a decision entirely outside its powers, and for this reason void.

Typical examples of resolutions harming individual rights

The range of cases is broad, but some recur often in practice:

• A resolution forbidding an owner a lawful use of their exclusive property, for example by assigning a different purpose to a private unit.
• A resolution disposing of a portion of exclusive or common property as if it belonged to the collective, taking it from the owner.
• A resolution charging a single owner, or a few, with expenses that by law or title fall on everyone, without the consent of those concerned.
• A resolution depriving an owner of the right to use a common part that also belongs to them.
• A resolution affecting third parties' real rights or easements without the holder's consent.

In all these cases the defect does not concern the way the meeting decided, but the very fact that it decided on a matter removed from its power. And it is precisely this extraneousness to the object of the meeting's powers that determines nullity.

Why nullity changes everything: timing and standing

The distinction between a void and a voidable resolution is not a technicality. A voidable resolution, defective in procedure, must be challenged within thirty days by absent, dissenting or abstaining owners only, and after the deadline it consolidates. A void resolution, on the other hand, is not cured by the passage of time: it may be challenged at any time and by anyone with an interest, including an owner who voted in favour at the meeting.

In practice this means the harmed owner does not lose the right to react simply because thirty days have passed. At the same time, for the manager and the majority, a void resolution is a source of lasting uncertainty: until a regularisation or a court decision intervenes, the matter remains open.

The manager's role in preventing the defect

A manager who knows this boundary can spare the meeting decisions destined to fall. When a proposal risks affecting exclusive property or an individual's rights, the correct route is not a majority but the consent of the person concerned or a different contractual instrument. It is good practice to point out at the meeting when a request falls outside the body's powers, minuting the warning, so as to protect the collective and the manager's own position.

Managing resolutions and minutes with traceability

Distinguishing what the meeting may decide from what belongs to the individual is easier when the agenda, minutes and allocations are clear and kept in order. With AmministraPro the manager prepares structured notices and minutes and links each resolution to its allocation, keeping a transparent record of decisions and the rights involved. The features for meetings and minutes are described on /funzioni and the plans for every firm on /prezzi.