Non-essential works in a condominium: when the resolution is voidable

When the owners' meeting approves a non-essential expense, meaning a purely decorative work that is not required for common use, using only the simple majority of those present, the resolution is voidable. Innovations require the reinforced quorum of Article 1136, fifth paragraph, of the Italian Civil Code, and burdensome or non-essential works are also governed by Article 1121. Owners who were absent, dissenting or abstaining may challenge the decision before the court within thirty days.

What counts as a non-essential expense

A non-essential expense does not concern the preservation or functionality of common parts, but an aesthetic or comfort improvement the condominium could do without. Examples include ornamental fountains, prestige finishes that are not necessary, or decorative works in the garden or common areas. The distinction matters because Article 1121 treats burdensome or non-essential innovations in a special way, allowing objecting owners to avoid contributing when the work can be used separately.

A non-essential expense must be kept distinct from a useful or necessary innovation. Replacing an obsolete system or making a common element safe are not non-essential, even if they bring an improvement, because they answer a real need for preservation or upgrading.

The quorum required for innovations

Innovations, and all the more so aesthetic ones, are not approved with the majorities used for ordinary management. Article 1120 refers to the fifth paragraph of Article 1136, which requires the favourable vote of the majority of those present and at least half the value of the building, that is five hundred thousandths (millesimi). Approving a non-essential work with only the majority of those present and fewer thousandths means resolving in breach of the law on quorum.

A defect in the quorum does not make the resolution void, but voidable. This is a defect concerning the regularity of the procedure and the majorities, not an impossible or unlawful subject matter, nor a breach of non-waivable individual rights. The practical consequence is clear: the resolution produces effects until it is annulled following a timely challenge.

The dissenting owner's exemption under Article 1121

When the innovation is very burdensome or non-essential and consists of works, installations or structures that can be used separately, the owners who do not intend to benefit from them are exempt from any contribution to the cost. If they later decide to use the work, they must contribute pro rata to the costs of construction and maintenance. This protection exists precisely to prevent a minority from bearing the cost of an embellishment they did not want.

• The work must be burdensome or non-essential in relation to the condition and importance of the building
• It must be capable of separate use by other owners
• The dissenting owner is excluded from the costs until they decide to use it
• The exemption does not cure the quorum defect of the resolution

How to challenge the resolution

Annulment is obtained by challenging the resolution before the court under Article 1137. Owners who were absent, and therefore did not vote in favour, dissenting owners and those who abstained are entitled to act. The deadline is thirty days, running from the date of the resolution for those present and from delivery of the minutes for those absent. Once the deadline passes without a challenge, the resolution becomes final and can no longer be attacked for that defect.

A challenge does not automatically suspend enforcement of the resolution. If the work risks starting and producing outlays that are hard to recover, the owner may ask the court for interim suspension, which is granted when the conditions set by the rule are met. Before bringing a condominium dispute to court, an attempt at mediation is also mandatory.

Practical tips for the manager

To avoid disputes, the manager should correctly classify the work in the agenda itself, stating whether it is maintenance, a useful innovation or a non-essential work, and prepare to verify the correct quorum. Recording the favourable and contrary thousandths clearly in the minutes makes it possible to prove, if challenged, that the qualified majority was actually reached, or to note in good time that it was not.

A management platform such as AmministraPro helps set the agenda with the correct classification of the work, automatically calculates the quorum by heads and thousandths, and keeps the minutes together with the record of votes. You can find the details of the meeting and accounting features on the /funzioni page and the available plans on the /prezzi page.