Qualified Majorities in the Meeting: Article 1136

Not all condominium decisions are adopted with the same majority. Article 1136 of the Italian Civil Code reserves qualified majorities for certain matters, that is resolutive quorums higher than the ordinary ones. Appointing and removing the administrator, major extraordinary works, innovations and lawsuits require reinforced thresholds, calculated by combining the number of owners and the thousandths (millesimi) value. Knowing them is essential to avoid adopting invalid resolutions.

The ordinary reference majorities

To understand qualified majorities you must start from the ordinary ones. In first calling a resolution is valid if approved by the majority of those present representing at least half the value of the building, that is five hundred thousandths. In second calling it is enough to have the majority of those present representing at least one third of the value, about three hundred and thirty-three thousandths. Qualified majorities are built by raising these thresholds.

Appointing and removing the administrator

Appointing and removing the administrator, as well as lawsuits outside the administrator's powers, always require the majority of those present representing at least half the value of the building. This threshold, set by the second paragraph, applies even in second calling, where for ordinary matters one third of the value would suffice. The reason is the particular importance of choosing the person entrusted with common management.

Major extraordinary works

Resolutions concerning the reconstruction of the building or extraordinary repairs of considerable importance also require the majority of those present with at least half the value. These are works involving significant financial commitments that affect condominium life for a long time, so the legislator wanted more solid consent than for ordinary administration.

Innovations

Innovations under the first paragraph of Article 1120 require a number of votes representing the majority of the condominium participants and at least two thirds of the value of the building, that is six hundred and sixty-seven thousandths. It is the highest quorum in condominium law, justified by the fact that innovations change the use or structure of the common parts. Some socially useful innovations, such as those aimed at energy saving or the removal of architectural barriers, benefit from facilitated majorities expressly provided by law.

• Appointing and removing the administrator, extraordinary lawsuits: majority of those present and at least half the value (500 thousandths).
• Reconstruction and major extraordinary repairs: majority of those present and at least half the value.
• Ordinary innovations under Article 1120 paragraph 1: majority of participants and at least two thirds of the value (667 thousandths).
• Facilitated innovations: reduced majorities expressly provided by law.

Heads and thousandths: the dual calculation base

Qualified majorities combine two parameters: the number of owners, the so-called heads, and the thousandths value. For ordinary innovations you need both the majority of participants and two thirds of the value, so both requirements must be met at the same time. Reaching the thousandths is not enough if the numerical majority is missing, and vice versa. This dual base protects both the weight of ownership and the number of people involved.

Consequences of an insufficient majority

A resolution adopted with a majority lower than required is voidable and can be challenged within thirty days by absent, dissenting or abstaining owners. It is therefore essential to verify, before proclaiming the outcome, that the correct resolutive quorum is actually reached for the matter dealt with. An error in the calculation exposes the entire decision to the risk of judicial annulment.

Calculating quorums without margin for error

Applying the right majority to each agenda item, holding together heads and thousandths, is one of the most delicate parts of running a meeting. AmministraPro automatically calculates constitutive and resolutive quorums based on the matter and the thousandths of the units, flagging in real time when thresholds are reached. The meeting management features are described on the /funzioni page and the plans on the /prezzi page.