Who to send the notice to: co-owners, heirs, usufruct

The general rule: convene the entitled party

Article 66 of the implementing provisions requires the notice to be communicated to all entitled parties. An entitled party is whoever holds the right to attend and vote at the meeting, in principle the owner of the unit. The condominium manager must therefore start from up to date data on the holders, not from the mere label inherited from the past.

The tool for this is the register of condominium residents required by Article 1130, number 6, of the Italian Civil Code, which collects the personal details of the individual owners and the cadastral data of the units. Keeping it up to date is a duty of the manager and is the basis on which the correctness of every convocation is built.

Units with several co-owners

When the same unit belongs to several people in joint ownership, the co-owners have a single vote proportional to the unit's thousandths (millesimi). To exercise the right at the meeting, the law, recalling the rules of co-ownership, provides that the co-owners designate a common representative. Article 67 of the implementing provisions governs exactly this representation.

As to delivery, the prudent practice is to convene all co-owners whose contact details are known, unless a common representative has been formally designated, to whom the notice can be addressed. Without designation, addressing the notice to only one co-owner without informing the others exposes the process to challenges.

Usufruct and bare ownership

When a usufruct burdens the unit, participation in the meeting is split between usufructuary and bare owner according to the subject matter. In general the usufructuary has the right to vote on matters of ordinary administration and on the enjoyment of common property and services, while the bare owner votes on improvements, extraordinary maintenance works and reconstruction.

This has a practical consequence for the convocation: when the agenda contains both ordinary management items and extraordinary administration or improvement items, it is prudent to convene both the usufructuary and the bare owner, so that each can exercise their right on the items within their competence.

Deceased owner and succession of heirs

On the owner's death, title to the unit passes to the heirs. Until the position is updated, the manager may be left with a holder who no longer exists. It is good practice, as soon as the death becomes known, to request the names and contact details of the heirs in order to update the register of residents.

Pending the update, the manager convenes the known heirs at the available addresses. If the estate is undivided among several heirs, the logic of joint ownership applies: a single vote for the unit and the opportunity to inform all known co-heirs, to prevent the omitted convocation of an entitled party from vitiating the resolution.

Documenting delivery when there is more than one recipient

In cases of multiple holders, proof of delivery becomes more delicate: you must show that each entitled party required to receive the notice actually received it. A disorderly list of registered letters makes it hard to reconstruct who received what if a challenge arises.

A register structured by unit, indicating the holders and the receipts linked to each, greatly simplifies management. With AmministraPro the resident register links several holders to the same unit and sending notices records the receipt for each recipient, keeping the required traceability. The features are described at /funzioni and the plans at /prezzi.

Frequently asked questions