Voting for a Unit Owned by a Minor or Incapacitated Person

When a unit belongs to a minor or an incapacitated person, the right to vote at the owners' meeting is not lost: it stays attached to ownership and is exercised by the owner's legal representative. The person who votes is therefore the one holding representation (the parent, the guardian, the support administrator), not whoever physically lives in the apartment. The principle is simple, but applying it takes care, because some resolutions exceed ordinary administration and may require authorisation from the guardianship judge.

Ownership of the vote and its exercise: two different planes

In a condominium the right to attend and vote belongs to the owner of the unit, in proportion to the thousandths (millesimi). Holding the right and exercising it, however, are distinct matters. A minor is an owner for all purposes, but lacks legal capacity to act: they cannot sign the minutes or cast a legally valid vote. That is why the vote is exercised by the person who represents them by law. The same applies to the interdicted person and, under its own rules, to the beneficiary of a support administration.

The condominium manager must therefore establish who the legitimate representative is before admitting anyone to vote: a person other than the owner may take part only by proving a title, whether parental responsibility, guardianship or a support administration with the relevant powers.

The minor: the parents vote

If the unit belongs to a minor, the vote is exercised by the parents holding parental responsibility, under Article 320 of the Italian Civil Code. Where both parents are present, ordinary administration of the child's assets belongs to each of them severally, while acts exceeding ordinary administration require the consent of both and, in the cases provided by law, authorisation from the guardianship judge.

In practical terms this means that, for approving the financial report or for routine management resolutions, one parent attending is enough. For decisions of greater economic and legal impact, instead, one must assess whether the act exceeds simple ordinary administration.

Interdicted person, incapacitated person and support administration

For the interdicted person the vote belongs to the guardian, who represents them in civil acts. The person declared partially incapable retains broader capacity and is assisted by a curator for acts exceeding ordinary administration. For the beneficiary of a support administration, governed by Articles 404 and following of the Italian Civil Code, one must read the appointment decree: it is that order which sets out which acts the beneficiary may perform alone, which with the administrator's assistance and which are reserved to the latter.

The condominium manager should not improvise: they must request a copy of the order and check the powers actually granted. Admitting to the vote a person lacking the power of representation exposes the resolution to challenge.

Ordinary and extraordinary administration: the guardianship judge's role

The key distinction concerns the nature of the act covered by the resolution. Acts of ordinary administration, such as approving the budget or the final accounts and allocating current expenses, fall within the legal representative's powers without any further authorisation. Acts exceeding ordinary administration, instead, may require authorisation from the guardianship judge, under Articles 320, 374 and 375 of the Italian Civil Code.

These are situations to weigh carefully, for example:

• Resolutions creating obligations of significant amount or loans borne by the condominium with effects on the incapacitated person's assets
• Onerous or optional improvements and works that significantly affect the value or use of the property
• Acts of disposal or waiver of rights relating to the common parts
• Approval of extraordinary expenses of considerable size that are not urgent

In these cases the legal representative who intends to vote in a way binding on the represented person's assets should obtain the necessary authorisation. The condominium is not required to bring the proceedings before the judge, but the manager is well advised to flag the issue when the resolution carries significant financial weight.

Recording the vote and delegation

The minutes must state clearly that the minor's or incapacitated person's unit is represented by the holder of the power, specifying the title (parent exercising parental responsibility, guardian, support administrator). The legal representative may also issue a written proxy to a third party for attending that single meeting, within the limits on proxies set by Article 67 of the implementing provisions of the Italian Civil Code. The proxy, however, does not expand powers: the delegate may vote only on what the legal representative could have validly resolved.

Consequences of errors

Admitting to the vote a person without representative power, or treating as validly cast a vote that would have required authorisation, can affect the resolution's validity. If the irregular vote was decisive in reaching the quorum, the resolution may be voidable upon timely challenge under Article 1137 of the Italian Civil Code. That is why checking standing in advance is part of the work of the manager and of the meeting's chair.

Keeping owner records, title deeds and representations in order is easier with dedicated tools: a management system such as AmministraPro lets you note, for each unit, the owner, the legal representative and the valid proxies, so you arrive at the meeting with quorums already verified. The features are described on the funzioni page and the plans on the prezzi page.