The First Meeting of a Newly Formed Condominium

A condominium is formed automatically, without any formal act, the moment a building previously owned by a single party is split among at least two different owners, typically with the builder's first sale of a unit. The first owners' meeting does not create the condominium, but gives it an organisation: appointing the manager when this is compulsory, adopting or acknowledging the rules, approving the thousandths (millesimi) tables, opening a bank account in the condominium's name and setting up ordinary management.

When the condominium actually comes into being

The condominium arises ipso iure, that is by the mere fact of the division of ownership, whenever alongside the individually owned units there are common parts listed in Article 1117 of the Italian Civil Code, such as the land, foundations, load-bearing walls, roof, stairs, entrance hall and shared systems. No constitutive resolution or registration is required: joint ownership of the common parts is the necessary consequence of selling the individual units. From that moment the condominium rules apply, including those on meetings, majorities and the allocation of expenses.

In the early phase the builder often still owns several unsold units. This does not prevent the condominium from arising, but it affects voting weight, because the builder votes with the thousandths of the units still owned. It is a delicate situation that calls for careful compliance with procedural rules, so that a single large owner cannot decide alone.

Who may convene the first meeting

As there is no manager yet, the first meeting may be convened by one or more owners. Article 66 of the implementing provisions of the Italian Civil Code allows owners representing at least one sixth of the building's value to request a meeting; in practice, during the initial phase it is often the builder, or a group of buyers, who takes on the task. What matters is that the notice reaches everyone entitled to attend.

The notice of the meeting must be sent at least five days before the date set for the first call, by a means suitable to prove receipt, such as registered mail, certified email (PEC), fax or hand delivery. It must state the place, date, time and a specific agenda of the items to be discussed.

What to put on the agenda

The first meeting addresses the matters that give the management its structure. A clear and complete agenda is useful, so that decisions can be taken without needless postponements.

• Appointment of the manager, compulsory when there are more than eight owners under Article 1129 of the Italian Civil Code
• Approval or acknowledgement of the condominium rules, compulsory when there are more than ten owners under Article 1138
• Approval of the thousandths tables, usually drawn up by the builder or a surveyor
• Opening a bank account in the condominium's name, through which all income and expenditure must pass
• Approval of an initial management budget and setting of the instalments
• Resolutions on urgent matters concerning common parts and services

Appointing the manager

When the owners exceed eight, appointing a manager is a legal obligation. If the meeting fails to act, any owner may apply to the judicial authority for the appointment. The appointment resolution requires, on the second call, the favourable vote of the majority of those present representing at least one third of the building's value. On appointment the professional must state their details, an itemised fee and the requirements set by law, and indicate where the registers are kept.

Rules and thousandths tables

The rules are compulsory beyond ten owners and govern the use of common parts, the allocation of expenses and the protection of decorum. Often a set of rules drawn up by the builder exists and is referred to in the purchase deeds: in that case it is contractual in nature and binds all buyers. The thousandths tables express the proportional value of each unit and are used to calculate expense shares and voting weight. Where they are drawn up by agreement and accepted in the deeds, their amendment generally requires the consent of all owners; however, Article 69 of the implementing provisions allows amendment by majority in specific cases, such as error or a significant alteration of the value ratio.

Minutes and subsequent formalities

Every decision must be recorded in minutes signed by the chair and the secretary, then entered in the register of minutes. After the first meeting the manager begins the management formalities: opening the condominium bank account, requesting the condominium's tax code, keeping the registers of ownership records, accounts and appointments, and organising communications with the owners. Setting up this phase well avoids disputes and simplifies the years that follow.

Managing the birth of a condominium in an orderly way is easier with digital tools that bring ownership records, tables, minutes and accounts together in one place. AmministraPro lets you convene the meeting, draft the minutes and keep the mandatory registers in a traceable way: you can review the features on the /funzioni page and compare the available plans on the /prezzi page.