Voting rights in the Italian condominium meeting: who votes and how votes are counted

In the meeting not every attendee carries the same weight and not everyone is entitled to vote on every item. Here is who holds voting rights in the Italian condominium meeting, how heads and thousandths add up and which quorums are needed to resolve.

Voting rights in the Italian condominium meeting are at the heart of the building's decision making: it is through the vote that owners approve the financial statement, resolve on works and appoint the administrator. Not every attendee carries the same weight, however, and the same person does not vote on every item. The rules are set out in articles 1136 and following of the Italian Civil Code, which fix constitutive and deliberative quorums based on a double criterion, that of heads and that of thousandths.

Who holds voting rights in the condominium meeting

The right to vote belongs to whoever holds ownership or a real right of enjoyment over the unit. The exclusive owner of the apartment attends and votes; if the unit belongs to several people, the co-owners are entitled to a single vote and must express it jointly, appointing a representative. A mere tenant normally does not vote, save for the exceptions provided for heating and certain services.

Heads and thousandths: the double criterion

Every resolution is measured against two quantities at the same time. The number of heads counts the people, that is the owners present or represented; the thousandths measure the proportional value of each unit against the whole building, set by the thousandth (millesimal) tables. An owner with a large surface brings many thousandths but remains a single head. The majorities required by law almost always combine the two quantities, so that neither a few large owners nor many small ones can decide alone.

The quorums of article 1136 of the Civil Code

Article 1136 distinguishes the validity of the meeting's constitution from the validity of the resolution. At first calling the meeting is properly constituted with the presence of owners representing two thirds of the building's value and the majority of the participants in the condominium. The resolution is valid if approved by a number of votes representing the majority of those present and at least half the building's value, that is five hundred thousandths.

The second calling

At second calling the constitutive quorums are lowered and the meeting is valid with a third of the participants and a third of the building's value. For ordinary administration the resolution passes with the majority of those present and at least a third of the value, that is three hundred and thirty four thousandths. Higher majorities remain for the more sensitive matters.

Reinforced majorities

Some decisions require higher quorums regardless of the calling. Innovations and certain works on the common parts require the majority of those present and at least two thirds of the building's value. The appointment and removal of the administrator and active and passive litigation follow the ordinary administration quorums, while amendments to the regulation and other matters have their own thresholds.

The practical rule is simple: no resolution is valid unless it gathers both a sufficient number of heads and an adequate share of thousandths. Whoever chairs the meeting must check both quantities before declaring a decision approved, because if either threshold is missing the vote produces no effect and the resolution remains voidable.

Usufruct and bare ownership: who votes

When usufruct and bare ownership burden the unit, the right to vote is split by subject matter. The usufructuary votes on matters of ordinary administration and on the simple enjoyment of common things and services, because it is the usufructuary who uses the property. The bare owner instead votes on innovations, reconstructions and extraordinary maintenance works, which affect the value of the asset. On these topics the administrator must summon both.

Proxies and the limit on the number of proxies

An owner who cannot attend may be represented through a written proxy. The law, however, sets a quantitative limit: in condominiums with more than twenty owners the delegate may not represent more than one fifth of the owners and of the proportional value. The administrator may not receive proxies for the meeting. The proxy must be checked when proceedings open, because a vote cast by someone not entitled can make the resolution voidable.

The mistakes that make a resolution voidable

Miscounting the votes is one of the most frequent grounds for challenge. Adding the wrong thousandths, counting a delegate beyond the limit as present, letting the usufructuary vote on extraordinary maintenance or failing to separate the thousandths of different tables are mistakes that expose the minutes to challenge within thirty days. Orderly minutes, showing for each resolution the heads and thousandths in favour, against and abstaining, are the administrator's best defence.

Counting votes with management software

Condominium management software calculates quorums automatically from the thousandth tables already loaded: it records attendance and proxies, distinguishes owners, usufructuaries and bare owners and adds heads and thousandths for each individual vote, flagging whether the majority is reached. This reduces the risk of error in the room and produces minutes consistent with the figures. AmministraPro manages the register of owners, the thousandth tables and the calculation of meeting quorums. You can see how it works on the features page or compare the plans in the pricing section.