Extraordinary works in a condominium: resolutions, majorities and the special fund

Extraordinary works in a condominium, from repainting the facade to replacing the lift or repairing the roof, involve significant costs, and for this reason the Italian Civil Code surrounds them with precise rules: they require a resolution of the meeting, qualified majorities and, as a rule, the creation of a special fund. Knowing these steps avoids void resolutions and disputes that can hold up building sites and delay work needed for the safety of the building.

What counts as extraordinary works

They differ from ordinary maintenance, which covers recurring work to preserve the common parts, such as cleaning, small repairs and periodic checks. Extraordinary works are non-recurring interventions of significant value that modify, renew or replace structural elements or systems: repairing the facade, roof or stairs, replacing the central boiler or the lift, structural reinforcement. The distinction matters because it affects the majorities required and the obligation to set up the fund.

How extraordinary works are resolved

Extraordinary works must be approved by the meeting. The item must be clearly stated in the agenda of the notice of meeting, so owners know in advance what they will be asked to decide on. It is good practice to put comparable quotes before the meeting, so that the choice of firm and amount is made knowingly. The decision, the outcome of the vote and the task assigned to the administrator must be recorded in the minutes.

The majorities required

For extraordinary maintenance works of significant value, article 1136 requires, on first call, a number of votes representing the majority of those present and at least half the value of the building, that is five hundred millesimi. On second call, the majority of those present with at least one third of the building's value is sufficient, that is three hundred and thirty-four millesimi. For innovations the majorities are higher. Correctly identifying the majority is decisive: a resolution passed with an insufficient quorum is invalid.

The special fund: when it is mandatory

Article 1135 of the Civil Code provides that, when the meeting resolves on extraordinary maintenance works and innovations, it must set up a special fund equal to the amount of the works. The fund guarantees the supplier the financial cover for the work and must be created in the same meeting that approves the works. If the works are to be carried out under a contract providing for gradual payment based on the state of progress, the fund may be set up in relation to the individual payments due.

Setting up the fund is not a formality: it is a condition for the validity of the resolution, designed to prevent the condominium from taking on a spending commitment without having the resources to meet it. Omitting the fund when it is due exposes the resolution to challenge and the administrator to the risk of having to advance sums or of finding a site under way with no cover. That is why the fund must always be addressed at the same time as the approval of the works, stating the amount, the allocation criterion and the payment deadlines for the instalments.

Who has to pay the costs

The costs of extraordinary works are allocated according to the millesimal tables or the specific criteria for the individual common parts, such as the stairs or lift tables. As a general rule, the person liable to contribute is the owner at the time the obligation arises, that is at the time of the resolution approving the works. When property changes hands it is therefore important to clarify who pays what, because the date of the resolution is the reference for identifying the owner who is liable.

Mistakes that make a resolution void

Some recurring defects can compromise the validity of the decision and must be carefully avoided.

• Approving the works with a majority below the one required.
• Failing to set up the special fund when it is mandatory.
• A vague agenda that does not let owners know the subject of the resolution.
• The absence of quotes allowing the amount and the firm to be assessed.
• Minutes that do not record the detail of the votes and the millesimi.

Managing the site and payments

Once the works are approved, the administrator follows the execution, checks the states of progress, gathers the documentation and makes payments drawing on the fund. Since the condominium is a tax substitute, the withholding required by law must be applied to amounts paid to firms. An orderly management of payments, linked to the states of progress and the fund set up, protects the condominium from financial exposure and the administrator from disputes.

Extraordinary works with management software

Condominium management software helps govern the entire cycle of extraordinary works: from allocating the cost according to the correct tables to creating the special fund, from issuing extraordinary instalments to monitoring collections, through to payments to the supplier with the withholding applied. Everything remains tracked and verifiable, reducing the margin for error in the most delicate phases.

AmministraPro manages extraordinary works with automatic millesimal allocations, the special fund, extraordinary instalments and tracking of payments to contractors. You can see how it works on the features page or compare the plans in the pricing section.