Practical guide
How to Apply the Proxy Limit of Article 67
Article 67 of the Implementing Provisions of the Italian Civil Code sets a limit on the concentration of proxies: if the owners are more than twenty, a single representative may not represent more than one fifth of the owners and of the proportional value. The rule prevents one person from controlling the meeting by collecting too many proxies. Applying it correctly requires two separate calculations, one on the number of owners and one on the thousandths (millesimi), because the threshold must be respected on both fronts. This guide shows how to calculate the limit with simple examples and how to manage it transparently at the door.
Steps to verify the Article 67 threshold
- Count the owners: if they are more than twenty, the limit applies
- Calculate one fifth of the number of owners
- Calculate one fifth of the value, that is 200 millesimi out of 1000
- For each representative, add up the number of proxies and the millesimi represented
- Verify that no representative exceeds either threshold
- Redistribute or do not admit the excess before opening the meeting
When the limit is triggered
The cap set by Article 67 applies only when there are more than twenty owners. What is counted is the owners, that is the holders of the voting right, not the property units: an owner of three flats remains a single owner for the purpose of counting the number. With twenty or fewer owners, the rule sets no specific numerical limit on the proxies that can be accumulated.
Once the threshold of twenty is passed, the constraint operates on two parameters at the same time: the number of owners represented and the proportional value expressed in millesimi. Both must stay within one fifth, so the check is not exhausted by looking only at how many proxies a person holds.
The calculation on the number of owners
The first calculation concerns heads. One fifth means dividing the total number of owners by five. In a condominium with 30 owners, one fifth is 6, so a representative may represent at most six owners, plus possibly themselves if they are also an owner.
When the division does not give a whole number, it is best to reason cautiously. With 33 owners, one fifth is 6.6: the representation must stay within this value, so six full owners are within the limit while seven exceed it. Counting by heads avoids the mistake of looking only at the millesimi.
The calculation on the value in millesimi
The second calculation concerns the millesimi weight. One fifth of 1000 millesimi is 200. So, regardless of the number of proxies, a representative may not represent more than 200 millesimi in total, adding up the shares of the grantors' units.
An example: a representative collects three proxies of 60, 70 and 90 millesimi. The sum is 220 millesimi, above the 200 threshold. Even if the three heads are within the numerical limit, the excess on millesimi requires reducing the proxies, for example giving up the 90 one and bringing the total back to 130 millesimi.
What to do when the threshold is exceeded
If, during the check, it emerges that a representative exceeds the number or the value, the excess cannot be admitted. The tidiest solution is to redistribute the proxies in advance towards other representatives who are below the threshold, warning the owners before the session.
At the opening, the administrator verifies compliance with the limit before counting attendance and votes. Admitting proxies over the threshold distorts the constitutive quorum and the votes, and exposes resolutions to the risk of challenge. Recording in the minutes how the limit was applied makes the procedure transparent.
Automating the check
Doing two separate calculations, on the number and on the millesimi, for dozens of proxies is laborious and error-prone. With AmministraPro the number of owners and the millesimi per unit are already in the system, and as proxies are uploaded the application flags when a representative approaches or exceeds one fifth in number or in value.
This allows action to be taken before the meeting and compliance with Article 67 to be documented. The meeting management features and the available plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Does the limit always apply?
No. Article 67 provides for it only when there are more than twenty owners. Below this threshold the rule sets no specific numerical cap on the proxies one person may collect. When the owners exceed twenty, the one-fifth limit applies both to the number of owners and to the proportional value in millesimi.
Is one fifth counted on owners or on units?
On the number of owners, that is the holders of the voting right, not on the property units. An owner of several flats counts as a single owner for the purpose of the number. The second parameter, value, is counted in millesimi instead: one fifth of 1000 millesimi is 200 millesimi that can be represented in total.
What happens if I exceed only one of the two parameters?
Exceeding just one of the two, number or value, is enough to be outside the limit. Both thresholds must be respected. If a representative is within the number of owners but exceeds 200 millesimi, the excess is not admissible and must be reduced by giving up one or more proxies until the value returns within the allowed amount.
Do excess proxies make the meeting void?
Admitting proxies over the limit distorts the counting of the quorum and of the votes and may make resolutions challengeable. The correct practice is not to admit the excess already at the door, so attendance and voting rest only on compliant proxies. Documenting in the minutes how the limit was applied helps prevent disputes.
How is the limit applied when the division is not a whole number?
When one fifth of the number of owners is not a whole value, the representation must stay within that value. With 33 owners, one fifth is 6.6, so six owners are within the limit while seven exceed it. The criterion is not to overstep the threshold, staying on the cautious side of the count.
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