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Practical guide

How to approve extraordinary works at the owners' meeting

Approving extraordinary works means having the owners' meeting decide, with the majorities required by law, on works that exceed ordinary management. The correct procedure starts from a clear agenda, continues with the review of estimates and closes with a recorded vote and the creation of the special fund required by Article 1135 of the Italian Civil Code. A well-built resolution reduces the risk of challenge and enables the manager to sign the contract with the contractor. This guide describes step by step what to prepare beforehand, what to do at the meeting and how to formalise the decision.

Checklist before the meeting

  1. At least two or three comparable estimates on the same technical basis
  2. Agenda stating the works, amounts, allocation criterion and financing
  3. Draft allocation plan by thousandths (millesimi) or by specific table
  4. Proposal to set up the special fund under Article 1135
  5. Notice sent within the deadlines to all entitled parties
  6. Technical documentation made available to owners before the meeting

1. Distinguish ordinary from extraordinary

The first step is to correctly qualify the work. Extraordinary maintenance covers non-recurring works that significantly affect the common parts, such as roof renewal, structural consolidation or replacement of the heating system. Improvements, governed by Article 1120, add something that did not exist before or change the use of a common part.

The distinction is not merely formal, because it determines the quorum required and the allocation criterion. A wrongly classified work exposes the resolution to the risk of annulment. When in doubt it is prudent to record the nature of the work and attach the technical report that justifies it.

  • Extraordinary maintenance: significant non-recurring works on common parts
  • Improvement: change or addition that alters the common asset
  • Urgent repair: unavoidable works to protect safety

2. Build the agenda

The agenda must allow every owner to understand what they will vote on. Writing roof works is not enough: it is necessary to state the subject of the work, the amounts of the estimates under review, the proposed allocation criterion and the financing method, that is the creation of the special fund and any instalment plan.

A generic item may make the resolution voidable for lack of information. It is good practice to make the estimates and technical documentation available to owners before the meeting, so that they arrive with an already considered position.

3. Reach the correct quorum

For extraordinary maintenance works and ordinary improvements, Article 1136, fourth paragraph, generally requires the favourable vote of the majority of those present representing at least half the value of the building, that is five hundred thousandths (millesimi). Some burdensome or non-essential improvements and other cases require higher majorities, up to two thirds of the value.

The facilitated improvements provided by the second paragraph of Article 1120, such as the removal of architectural barriers or energy-saving works, benefit from reduced majorities. Checking the applicable quorum in advance avoids having to reconvene the meeting and delaying the start of the works.

4. Vote and record the minutes

At the meeting the manager presents the estimates, opens the discussion and puts the proposal to a vote. The minutes must report those present with their thousandths, the named outcome of the vote, abstentions and dissenters, the contractor and the chosen estimate, the approved amount and the allocation criterion.

The accuracy of the minutes is decisive. A dissenter who had their opposition recorded retains the right to challenge the resolution within thirty days, while an absent owner has the same term from the notification. Complete minutes signed by the chair and the secretary are the manager's best defence.

5. Set up the special fund and start the works

Article 1135 requires the creation of a special fund equal to the amount of the works. If the works contract provides for staggered payments based on the states of progress, the fund can be set up in relation to the individual payments due, easing the initial outlay for the owners.

Once the resolution is approved and the funds collected, the manager signs the contract, handles safety obligations and coordinates the contractor. Software such as AmministraPro helps prepare the agenda, calculate thousandths, generate the special fund instalments and archive minutes and estimates in a traceable way: the features are described on the funzioni page, while the plans are on the prezzi page.

Frequently asked questions

What majority is needed to approve extraordinary works?

For extraordinary maintenance and ordinary improvements, the rule is the majority of those present representing at least five hundred thousandths, under Article 1136, fourth paragraph. Some improvements require two thirds of the value, while the facilitated ones under the second paragraph of Article 1120 have reduced quorums.

Must the agenda state the cost of the works?

Yes. The agenda must let owners resolve with full knowledge, so it should state the subject, the amount of the estimates, the allocation criterion and the financing method. An overly generic item may make the resolution voidable for lack of information.

Is the special fund always mandatory?

Yes, for extraordinary maintenance works and improvements Article 1135 requires a special fund equal to the amount of the works. If the contract provides for payments by states of progress, the fund can be set up in relation to the individual payments due.

Can a dissenting owner block the works?

No. If the resolution reaches the quorum it is valid and effective. The dissenting owner can challenge it before a judge within thirty days, but the challenge alone does not suspend execution unless the judge grants an interim measure.

Is a technician needed to approve the works?

For complex works it is advisable to obtain a technical report and estimates drawn up by qualified professionals. The report justifies the nature of the work, helps choose the correct quorum and strengthens the resolution against any later challenge.

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