Meetings
Managing postal or remote voting in a condominium
The Italian Civil Code does not create a standalone postal vote separate from the proxy: an owner unable to attend in person can be represented by a proxy holder under a written mandate, or, if the condominium regulation and founding deed allow it, submit a written position that the manager must still translate into a valid resolution under Article 1136 of the Civil Code. The distinction matters because minutes must state clearly who voted, how, and with what millesimal weight, otherwise the resolution risks being challenged within thirty days under Article 1137. This guide explains the legal limits, the correct form for a proxy, how to collect and count remote votes, what the minutes must record, and which digital tools reduce the risk of errors.
What the law actually allows for remote voting
Article 1136 of the Civil Code sets the constitutive and deliberative quorums based on millesimal shares and number of owners, but it does not mention a standalone postal vote: the tool the law recognizes is the proxy, governed by Article 67 of the implementing provisions, which lets any owner unable to attend be represented by another owner or a third party, within the numeric limits set for larger buildings.
In practice, what is called postal voting in a condominium context usually refers to two distinct tools: a written proxy to a delegate who attends and votes in person, or a prior written statement from the absent owner that the manager reads out and records in the minutes, which is admissible only if the condominium regulation expressly allows it and the assembly does not object to the procedure. Without a regulatory basis, a plain letter vote with no proxy and no delegate present remains legally weak and can be challenged by anyone contesting the resolution.
The correct form for a proxy and a written statement
A proxy must be in writing and clearly identify the principal and the delegate, the date of the meeting and, where the regulation requires it, any limits on how the delegate may vote on specific agenda items. A notarized form is not required, but the document must be verifiable: a legible signature and an identifiable principal, since the manager must be able to produce it if the resolution is challenged.
If an owner instead sends a written statement (a letter, a formal email, a completed form), the content must be unambiguous on every single agenda item: a generic yes or no with no reference to the specific items can be declared ineffective when the minutes are drafted, since the assembly may discuss and amend proposals compared with the original notice of meeting.
Collection and counting: the procedure that survives a legal challenge
The manager should set a deadline for receiving proxies and written statements, log them with the date received, register each document, and check that the principal's millesimal share matches the millesimal table before adding it to the quorum. Counting must be done item by item on the agenda, not in bulk: an owner may delegate a yes on one item and a no on another.
It is good practice to state in the notice of meeting, well ahead of the scheduled date, which methods are accepted (proxy, written statement, or digital tools) and the final deadline to submit them, avoiding last minute disputes over whether a vote arrived on time.
What the minutes must record
Besides those physically present, the minutes must list owners represented by proxy together with the delegate's name, and owners who voted by written statement together with the date the document was received. For each resolution the minutes must show the millesimal shares in favor, against and abstaining, distinguishing the contribution of remote votes from that of attendees, so anyone reading the minutes can reconstruct how the majority required by Article 1136 was reached.
Minutes that aggregate votes without this traceability expose the resolution to a challenge under Article 1137, which must be filed within thirty days of the resolution for those present and from notice for those absent: transparency about the voting method is the manager's first line of defense if the resolution is contested.
Digital alternatives that reduce errors
Condominium management software that keeps the millesimal table current, calculates the quorum automatically as proxies arrive, and generates minutes with full traceability of every proxy or written vote significantly reduces the margin of error compared with a handwritten paper register. AmministraPro integrates meeting management with the owner registry and the millesimal tables already loaded into the system, so the manager can verify quorum in real time and produce minutes consistent with what was actually collected, reducing the risk of disputes over the form of the vote.
Frequently asked questions
Is postal voting always admissible in an Italian condominium meeting, with no conditions?
No. The tool recognized by the Civil Code is the proxy, provided for in Article 67 of the implementing provisions, under which an absent owner is represented by a delegate who attends and votes on their behalf. A written statement from an absent owner, with no delegate present, is admissible only if the condominium regulation expressly allows it: without that provision, a plain letter vote can be challenged when the resolution is contested.
How many owners can a single proxy holder represent?
Article 67 of the implementing provisions of the Civil Code caps the number of proxies a single person can hold in buildings with more than twenty owners, to prevent a few delegates from concentrating disproportionate voting power. The condominium regulation may confirm or reference this limit, which the manager must verify before admitting proxies to the count.
What happens if a proxy arrives after the meeting has already started?
If the regulation sets a deadline for submitting proxies, a late proxy can be rejected by the manager or the chair of the meeting, and the owner will be treated as absent for quorum purposes on that item. If no regulatory deadline exists, the correct practice is to accept the proxy up until the discussion of each specific item opens, provided the delegate presents it before the vote on that item is taken.
Must the minutes name each owner who voted by proxy?
Yes. The minutes must list owners represented by proxy together with their delegate's name and the corresponding millesimal shares, distinguishing this contribution from that of owners physically present. This traceability is what allows the majority required by Article 1136 to be reconstructed if the resolution is challenged within the time limits set by Article 1137.
Can condominium management software replace a written proxy?
No, the written form of the proxy is still legally required and no software replaces that legal act. A tool like AmministraPro can, however, digitize the collection, logging and counting of proxies already gathered in written form, calculate quorum in real time, and produce traceable minutes, cutting down calculation errors and preparation time compared with a paper register.
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