Facilitated Innovations: Reduced Majority (Art. 1120)

Facilitated innovations are works that the legislator considers to be of social interest and which, for this reason, Article 1120 paragraph 2 of the Italian Civil Code allows to be approved with a reduced majority compared to ordinary innovations. The favorable vote of the majority of those present at the meeting representing at least half the value of the building is enough, that is the majority under Article 1136 paragraph 2, instead of the two-thirds of the value required for other innovations. This category includes works to remove architectural barriers, to contain energy consumption, parking areas and the production of energy from renewable sources.

Which works are facilitated

Article 1120 paragraph 2 lists specifically the works that enjoy the reduced majority. They are works functional to objectives the legal system wants to encourage, from building accessibility to energy efficiency. The list also includes parking spaces intended to serve the residential units and systems that use renewable sources, such as solar or wind, or cogeneration systems.

• Works and interventions aimed at eliminating architectural barriers.
• Interventions to contain the building's energy consumption.
• Creation of parking areas intended to serve the residential units or the building.
• Energy production through cogeneration, wind, solar or other renewable-source systems.

The rationale is clear: these are innovations useful to the condominium community and consistent with objectives of general interest, so the legislator decided to facilitate their approval by reducing the deliberative quorum.

The majority required in practice

For facilitated innovations the meeting validly resolves with the favorable vote of the majority of those present and at least half the value of the building. It is the same majority provided for by Article 1136 paragraph 2. Ordinary innovations, on the other hand, require the majority of those present with at least two-thirds of the value of the building, under Article 1136 paragraph 5. The difference in quorum is substantial and often determines the practical feasibility of a work.

Architectural barriers: reinforced rules

Works to remove architectural barriers enjoy particularly strong protection in our legal system, because they respond to the right of people with disabilities to access and live in the building. The meeting is called to view these works favorably; if it fails to act, the law allows the interested owner to install, at his own expense and within certain limits, structures functional to overcoming barriers, provided this does not harm the safety or architectural decorum and does not make common parts unusable.

The limit of decorum and unusable parts

Facilitated innovations too face the general prohibitions of the last paragraph of Article 1120. Prohibited are innovations that may harm the stability or safety of the building, alter its architectural decorum, or make certain common parts unusable for the use or enjoyment of even a single owner. The reduced majority makes approval easier but does not remove these substantive limits: a work that disfigures the facade remains unlawful even if it falls within the facilitated list.

Notice and agenda

To approve a facilitated innovation the notice of the meeting must clearly indicate the subject, so that every owner knows what he is called to vote on. A generic agenda exposes the resolution to challenge. It is good practice to attach the estimate, the technical description of the work and, where useful, a report that qualifies the work as falling within Article 1120 paragraph 2, so as to justify applying the reduced majority.

Allocation of costs

The costs of facilitated innovations are generally allocated according to the ownership thousandths (millesimi), unless the work serves the owners differently or the rules on burdensome or luxury innovations of Article 1121 apply, with possible exemption of the dissenter when the use is separable. It is therefore necessary to assess case by case whether all owners draw the same benefit from the work or whether the benefit is differentiated.

Correctly distinguishing ordinary and facilitated innovations, applying the right quorum and drafting a consistent allocation is easier with management software that guides the manager through every step: with AmministraPro you can set up the notice with its agenda, record the resolution with the verified quorum and generate the innovation allocation plan. Discover the tools on the /funzioni page and the available plans on the /prezzi page.