The one-fifth limit on proxies in a condominium meeting

The one-fifth limit is the rule that, in condominiums with more than twenty owners, prevents a single person from concentrating too many proxies at the meeting. It is set by Article 67 of the implementing provisions of the Italian Civil Code: if there are more than twenty owners, the proxy holder cannot represent more than one-fifth of the owners and of the proportional value. The limit prevents a proxy holder, by collecting many proxies, from single-handedly steering the decisions of the whole condominium. Here is how it is calculated in practice and how the dual test applies.

When the limit applies: the threshold of twenty

The one-fifth limit operates only in condominiums where the number of owners exceeds twenty. Below this threshold, that is with twenty owners or fewer, there is no numerical cap on the proxies a person may receive: a proxy holder could in theory represent several owners without triggering the limitation. The rationale is clear: in small condominiums the risk of concentrating decision-making power is low, whereas in larger ones it becomes real, which is why the law steps in.

The dual test: number and value

The most delicate point is that the limit is twofold: the proxy holder cannot represent more than one-fifth of the owners and more than one-fifth of the proportional value, that is, of the thousandths (millesimi). Respecting just one of the two parameters is not enough: both must be respected. This means that, to establish how many proxies a person may validly receive, you must check both the share of the number of heads and the share of the thousandths value. If even one of the two caps is exceeded, the limit is breached.

How to calculate it in practice

The calculation starts from the total number of owners and the total thousandths. One-fifth equals twenty per cent of each of the two values. Take a condominium with twenty-five owners and one thousand thousandths in total: one-fifth of the owners is five heads, one-fifth of the value is two hundred thousandths. A proxy holder may therefore represent, in addition to themselves if they are also an owner, a number of proxies that exceeds neither the five heads nor the two hundred thousandths. If the five proxies they wish to collect correspond to two hundred and fifty thousandths, the value cap is exceeded and not all the proxies are admissible.

When the proxy holder is also an owner

A frequent question concerns the owner who attends in person and also collects proxies from others. The limitation concerns representation, that is, the owners represented by proxy. The owner exercises their own voting right for their unit and, in addition, may collect proxies within the cap of one-fifth on the owners represented and on the relevant value. It is good practice for the chair to check the position of the principals to ensure compliance with the dual limit, taking into account the overall picture of the proxies presented.

What happens if the limit is exceeded

If a proxy holder appears with proxies exceeding the one-fifth cap, the chair cannot admit them all to the vote. The consequence is that votes cast beyond the limit cannot be validly counted. If this is not detected and the resolution is adopted thanks to excess proxies, the decision may be flawed: it is then necessary to check, using the logic of the resistance test, whether the majority would hold if the excess votes were removed. Documenting the proxies in the minutes is the best protection for everyone.

Operational summary of the limit

• The limit applies only with more than twenty owners.
• A proxy holder cannot represent more than one-fifth of the owners.
• And no more than one-fifth of the proportional value in thousandths.
• Both requirements must be respected at the same time.
• Excess proxies cannot be counted in the vote.
• The chair checks the proxies and records them in the minutes.

Checking the dual limit by hand, cross-referencing the number of proxies with the thousandths represented, is an easy source of error in large condominiums. Management software automatically calculates the one-fifth threshold on heads and thousandths, flags when a proxy exceeds the cap and produces the list of principals to attach to the minutes. AmministraPro offers these tools within meeting management: you can learn more on the features page and compare the plans in the pricing section.