The super-condominium representative: appointment and powers

The super-condominium representative is the figure who, in real estate complexes with more than sixty participants, carries the voice of the individual condominium into the meeting that decides on property common to several buildings. This is provided for by the third paragraph of Article 67 of the implementing provisions of the Italian Civil Code: when the participants total more than sixty, each condominium must designate, with the majority under Article 1136, fifth paragraph, its own representative at the meeting for the ordinary management of property common to several condominiums and for the appointment of the administrator. Let us look at the appointment, powers and limits of this role.

When the representative is mandatory

The representative mechanism applies in the cases covered by Article 1117-bis of the Italian Civil Code, that is, when several units or buildings share parts, systems or services, and when the participants in the super-condominium total more than sixty. Below this threshold each owner takes part directly in the super-condominium meeting. Once sixty participants are exceeded, direct participation by everyone becomes unmanageable and the law requires each condominium to designate a single representative, so as to make the super-condominium meeting workable.

How the representative is appointed

The appointment takes place in the meeting of the individual condominium, which designates its representative with the majority required by Article 1136, fifth paragraph, of the Italian Civil Code. Each condominium therefore puts forward a single representative, who will carry into the super-condominium meeting the position formed internally. If a condominium fails to designate the representative, the law provides that each participant may apply to the court to appoint the representative of that condominium, so as not to block the management of the common property.

The scope of the representative's powers

The representative's mandate is confined to two specific matters set out in the rule: the ordinary management of the parts common to several condominiums and the appointment of the super-condominium administrator. On these matters the representative acts at the meeting and votes for their own condominium. It is a mandate aimed at making the day-to-day management and administrative structure of the complex work, not a blank delegation allowing the representative to decide any question in place of the owners they represent.

What the representative cannot decide alone

Decisions that go beyond ordinary management and the appointment of the administrator do not fall within the representative's power and must return to the meeting of each condominium. The more demanding matters, such as improvements or extraordinary maintenance works affecting the common property, require the direct involvement of the owners concerned and cannot be resolved by the representative alone. This distinction protects the individual owners, who retain the most significant choices on the common assets, while entrusting the representative only with current administration.

Responsibility towards the represented owners

The representative acts in the interest of their own condominium and reports on their work. It is good practice for them to carry into the super-condominium meeting the position that emerged in the condominium they represent and, on return, to inform the owners of the decisions taken. Orderly minutes of the super-condominium meeting, sent to the owners through their respective administrators, ensure the flow of information and allow each condominium to oversee the work of its representative and to plan the acts within its own competence.

Key points on the super-condominium representative

• Mandatory when participants total more than sixty.
• Designated by each condominium with the majority under Article 1136, fifth paragraph.
• A single representative for each condominium.
• Mandate limited to ordinary management and the appointment of the administrator.
• If designation fails, appointment by the court.
• Extraordinary matters return to the meeting of the individual condominiums.

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