The tenant's participation in the condominium meeting

The tenant's participation in the condominium meeting is regulated in detail by law, because the tenant is not an owner and therefore not a member of the condominium. Still, they can attend, and in some cases vote, when decisions directly affect the services they use and pay for. Knowing these limits helps the administrator issue proper notices and helps owners avoid delegating more than the law allows. Getting the notice wrong or granting a vote to someone not entitled to it are mistakes that can make the resolution challengeable.

The tenant's participation in the condominium meeting: when it applies

The tenant's participation in the condominium meeting is grounded in article 10 of Italian law 392/1978, the so called fair rent law. The rule distinguishes two situations: cases where the tenant votes in place of the owner and cases where they attend without the right to vote. Outside these situations the tenant has no standing to enter the meeting, and the person who takes part and votes remains the owner.

The right to vote on heating and air conditioning

Article 10 grants the tenant the right to vote, in place of the owner, on resolutions concerning the costs and the management arrangements of the heating and air conditioning services. The reason is that these are running costs which, by law or by contract, fall on the tenant: they are therefore the party directly interested in the decision, from the fuel budget to switching on and off schedules.

Attendance without the right to vote

On resolutions concerning changes to the other common services, the tenant has the right to attend, but without a vote. They can therefore be present, raise observations and have their position minuted, while the decision stays with the owners. This is the case, for example, of changes to the concierge service or other services the tenant uses without being the party liable for the capital expenditure.

Matters reserved to the owner

Everything concerning ownership and extraordinary management stays with the owner. Innovations, extraordinary maintenance, approval of the accounts, appointment and removal of the administrator, the millesimal tables and any matter affecting the value of the common property fall outside the tenant's right to participate. On these topics only the holder of the property right votes, and the tenant's presence does not affect the quorum or the vote count, unless they act under a written proxy from the owner.

Why the law grants these rights

The rationale of the rule is simple: whoever bears the cost of a service should be able to influence the choices that set it. Since heating and air conditioning costs normally fall on the tenant, the law grants them the same power the owner would have on the related resolutions. Conversely, for services whose capital cost stays with the owner, the tenant is granted only a right to attend, because the decision affects someone else's property. This balance avoids both stripping the owner of their choices and letting the cost be decided by someone who does not pay it.

Giving notice to the tenant

For the tenant to exercise their rights, they must be able to know the agenda. In the matters where they have a right to vote or to attend, the administrator must give them notice in the same forms provided for owners, that is a notice received in good time before the meeting. An omitted notice where it was due can affect the validity of the resolution taken on those specific matters.

Can the tenant challenge resolutions?

In the matters where the law grants a right to vote, that is heating and air conditioning, the tenant is also entitled to challenge resolutions they consider unlawful, in the same way as an absent or dissenting owner. Outside these areas, where they only have the right to attend without a vote, they have no standing to challenge the decision.

Delegation and the relationship with the owner

The owner may delegate the tenant to represent them at the meeting, but in that case it is a voluntary delegation based on the lease or a specific mandate, distinct from the autonomous right to vote provided by article 10. It is best to keep the two levels separate, so that in every vote it is clear whether the tenant acts as the holder of their own right or as the owner's representative.

Managing notices and minutes with software

Distinguishing who votes, who attends and who only needs to be informed is easier with digital support. With management software the administrator links each unit to its owner and any tenant, sends the correct notices depending on the agenda items and records in the minutes the tenant's participation in the condominium meeting where required. AmministraPro handles records, notices and minutes in a traceable way: you can see how it works on the features page or compare the plans in the pricing section.