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Condominium meeting majorities: constitutive and deliberative quorums

Condominium meeting majorities decide whether a meeting is valid and whether a resolution passes. Here are the constitutive and deliberative quorums of article 1136 of the Italian Civil Code, on first and second call, and the cases requiring a reinforced majority.

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Condominium meeting majorities are the mechanism that establishes when a meeting is validly held and when a decision can be considered approved. The matter is governed by article 1136 of the Italian Civil Code, which distinguishes two different measures: the constitutive quorum, meaning how many owners must be present for the meeting to convene, and the deliberative quorum, meaning how many votes are needed to approve a resolution. Confusing these two levels is one of the most frequent mistakes in condominium life.

Heads and thousandths: the double calculation base

Every condominium quorum is measured against two parameters at once. The first is the number of owners, often referred to as heads. The second is the value of the building, expressed in thousandths (millesimi) according to the tables. A resolution is valid only if it reaches both thresholds required by the rule: a numerical majority is not enough without the corresponding share of value, and vice versa. This is why the administrator must always record in the minutes both the people and the thousandths that voted in favour.

Constitutive quorum on first call

On first call the meeting is validly held with the presence of owners representing two thirds of the value of the whole building, that is 667 thousandths, and a majority of the participants in the condominium in terms of heads. It is a high threshold, which in practice makes recourse to the second call frequent.

Deliberative quorum on first call

If the meeting is validly held, on first call ordinary resolutions are approved with the favourable vote of the majority of those attending representing at least half the value of the building, that is at least 500 thousandths. This is the most common qualified majority for decisions of common management.

Quorum on second call

The second call is held on a day following the first, no later than ten days after, and provides lower thresholds to avoid paralysing the condominium. The meeting is validly held with the presence of owners representing at least one third of the value of the building, that is 334 thousandths, and one third of the participants. Ordinary resolutions are valid with the majority of those attending and at least one third of the value of the building.

A practical summary

  • First call, constitution: 667 thousandths and a majority of the heads.
  • First call, ordinary resolution: majority of those attending and at least 500 thousandths.
  • Second call, constitution: 334 thousandths and one third of the participants.
  • Second call, ordinary resolution: majority of those attending and at least 334 thousandths.

Reinforced majorities

Some decisions require a higher majority, the same on both first and second call. The fourth paragraph of article 1136 requires the majority of those attending representing at least half the value of the building, that is 500 thousandths, for the appointment and removal of the administrator, for lawsuits going beyond the administrator's powers and for extraordinary repairs of significant size. The innovations under the first paragraph of article 1120 instead require the majority of those attending and at least two thirds of the value of the building, that is 667 thousandths.

Facilitated cases and unanimity

To encourage certain works the legislator has provided reduced thresholds. The socially useful innovations listed in the second paragraph of article 1120, such as the removal of architectural barriers, the reduction of energy consumption or the installation of systems producing energy from renewable sources, are approved with the majority of those attending and at least half the value of the building. The installation of video surveillance systems on common parts also follows this majority. Decisions affecting individual rights remain subject to the consent of all owners, such as changing the intended use of common parts or assigning a common asset for exclusive use.

Proxies and their weight on quorums

Every owner can be represented at the meeting by giving a written proxy to another person, and the proxy holder carries the heads and thousandths of those represented, thus directly affecting the calculation of the quorums. The law, however, sets a limit: if there are more than twenty owners, a single proxy holder cannot represent more than one fifth of the owners and of the proportional value. The administrator must check the proxies before opening the session, because an irregular proxy removes the votes attached to it and can make the quorum of a decision already taken collapse.

Why the minutes are decisive

A resolution adopted without the correct quorum is voidable and can be challenged before a judge within thirty days. This is why the minutes must state precisely who was present, with how many thousandths, who voted in favour, against or abstained, and the majority reached for each item. Orderly minutes are not a formality: they are the proof that the decision is valid and binds absent and dissenting owners as well.

Calculating majorities with management software

Calculating heads and thousandths by hand during a crowded meeting is a delicate operation, where an addition error can invalidate the entire resolution. Condominium management software starts from the thousandth tables already loaded, records attendance and proxies, and shows in real time whether the constitutive quorum is reached and whether each vote passes the threshold required by law.

AmministraPro assists the administrator in running the meeting, from the automatic calculation of quorums on the thousandth tables to recording the votes for each item on the agenda. You can see how it works on the features page or compare the plans in the pricing section.

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