The agenda of the condominium meeting: how to draft it

The agenda of the condominium meeting is the list of matters that owners are called to discuss and vote on at a given meeting. It is not a bureaucratic formality: it defines the boundary of what the meeting may lawfully resolve. A resolution passed on a matter that was not listed, or worded so vaguely that no one can tell what is being decided, is open to challenge. Drafting the agenda well is therefore the first way to protect the condominium's decisions.

What the agenda is for

The agenda lets each owner know in advance what will be dealt with, so they can decide whether to attend in person, appoint a proxy or review the documents. It safeguards the right to be heard: no one can be faced with a surprise decision. This is why Italian case law consistently holds that a meeting cannot validly resolve on matters that do not appear among the listed items.

How to draft a specific agenda

Each item must be phrased clearly and narrowly, stating the subject of the decision and, where possible, its essential elements. Writing "works" is not enough: you must indicate which works, on which common part and, if already available, the amounts or quotes to be examined. Specificity does not require anticipating the outcome of the vote, but making the subject to be decided recognisable.

Recurring items

An ordinary notice often includes approval of the final accounts, approval of the management budget, confirmation or appointment of the administrator and their fee. Each should be listed as a separate item, because each follows its own majorities and produces different effects.

The any other business item

The classic wording "any other business" can only host announcements, exchanges of information and discussions without a vote. It cannot become a container for actual resolutions: if under that heading the meeting approves an expense or a project, the decision is voidable because it was taken outside a specific item.

The notice of meeting and deadlines

The agenda travels together with the notice of meeting, governed by article 66 of the implementing provisions of the Civil Code. The notice must be communicated to all entitled parties by means that prove receipt, such as registered mail, certified email, fax or hand delivery, and it must arrive at least five days before the date set for the first call. It must also state the place, day and time of the meeting.

Majorities and validity of resolutions

Once the items have been discussed, resolutions are formed according to the majorities of article 1136 of the Civil Code, which vary depending on the subject and the call. A complete, well drafted agenda is the premise for those majorities to apply to valid decisions: if the item is missing, or if it is generic, the vote count does not save the resolution from being voidable.

The most common mistakes

• Items too generic to reveal the subject of the decision.
• Resolutions taken under the any other business heading.
• Leaving out some entitled parties when sending the notice.
• Failure to respect the five day deadline before the first call.
• No proof that owners received the notice.

These flaws share a common trait: they affect the regularity of the procedure rather than the merits of the decision, and for this reason they make the resolution voidable on challenge within the legal deadlines.

First and second call

The same notice may state both the first and the second call, which is used when the first fails to reach the quorum needed to constitute the meeting. At least one day must pass between the two sittings, and the second cannot be held on the same day as the first. The agenda stays identical across the two sittings: you cannot add new matters moving from the first to the second call, because that would deprive owners of the chance to prepare. On the second call only the majorities required to constitute the meeting and to resolve change, generally lower, but the items to be dealt with remain those communicated from the outset.

Who prepares the agenda

As a rule it is the administrator who drafts the agenda and calls the meeting. Owners, however, may also request a meeting: when the request comes from at least two owners representing one sixth of the building's value, the administrator must act within ten days, adding the matters indicated. If they fail to do so, the requesting owners may call the meeting directly. In any case the matters proposed by owners must be reported specifically, with the same care required for the administrator's own items.

Preparing the agenda with management software

Condominium management software helps build the agenda from templates, attach accounts and budgets to the right items and manage the notice with tracking of receipt for each owner. This reduces the risk of omissions and missed deadlines, the two mistakes that most often call a meeting into question.

AmministraPro lets you prepare the notice with the agenda, attach documents and send it with proof of delivery, keeping the history of every meeting. You can see how it works on the features page or compare the plans in the pricing section.