Features & tools
Managing digital voting proxies
Every condo assembly faces the same practical problem: some owners cannot attend and need someone to vote on their behalf. The voting proxy is a tool the Italian civil code already provides for, but managing it on paper, hand signed forms handed over at the last minute and checked verbally by the chair, produces counting mistakes and disputes over the minutes. Digitizing the proxy does not change the rules in article 67 of the implementing provisions of the civil code, which stay exactly the same, but it applies them through a tool that collects, verifies and counts in a traceable way. This guide walks through the process, from the legal limits to the final minutes.
The legal limits: article 67 of the implementing provisions
Article 67 of the implementing provisions of the Italian civil code sets a precise cap on how many proxies a single person can hold, proportional to the total number of owners in the building: when the building has more than twenty owners, one proxy holder cannot represent more than one fifth of the total owners and one fifth of the total value shares (millesimi). The cap only applies above twenty units and does not affect smaller buildings.
A second constraint concerns the property manager: they cannot accept a voting proxy for the assembly they themselves convene and run, precisely to prevent them from also concentrating the decision making power of absent owners in their own hands.
Any digital proxy collection tool must therefore calculate automatically, proxy holder by proxy holder, how many proxies and how many value shares they have already accumulated, blocking assignments beyond the threshold instead of discovering the breach only on the day of the meeting.
How digital collection works before the assembly
In practice, an owner who cannot attend receives a proxy form linked to the meeting notice, fills it in naming the proxy holder, and signs it digitally or electronically from their own account. The proxy stays tied to the delegating owner, their unit and the corresponding value shares, so the system knows exactly what is being transferred and to whom.
AmministraPro manages this flow inside its assembly platform: the delegating owner generates the proxy from their profile, the system checks in real time that the named proxy holder has not already exceeded the legal limit, and the property manager sees, even before the meeting opens, the complete list of who represents whom and with which value shares.
Verification and count on the day of the assembly
When the assembly opens, the chair must verify the proxy holders' powers together with the legal quorum: both the constitutive and the resolutive quorum are calculated by adding the owners and value shares present in person to those represented by proxy. A mistake at this stage, for instance a proxy holder voting beyond their own limit without anyone noticing, is one of the most common grounds for challenging a resolution afterward.
A digital tool that tracks assigned proxies reduces this risk because the count of attendees, in person and by proxy, is already calculated and available to consult during the meeting, with the detail of who votes on whose behalf for each item on the agenda.
Traceability and the minutes
Every proxy collected digitally leaves a trail: generation date, identity of the delegating owner, name of the proxy holder, value shares involved. This traceability matters in case of a dispute, because it allows one to show that the proxy existed, was valid at the moment of the vote, and stayed within the limits of article 67.
The assembly minutes must list attendees, distinguishing those present in person from those represented by proxy, naming the proxy holder in each case. Having this data already structured in the system that managed the collection makes drafting the minutes faster and more accurate, cutting down manual transcription work and the risk of errors in names or value shares.
Personal data handling
A voting proxy contains personal data belonging to both the delegating owner and the proxy holder: name, unit, sometimes an identity document if required by the building regulation. Processing this data falls under the GDPR and must be limited to the purpose of managing the assembly, with access reserved to the property manager and authorized parties, and not disclosed beyond what the minutes require.
Frequently asked questions
How many proxies can one owner hold in a building with more than twenty units?
Under article 67 of the implementing provisions of the Italian civil code, when a building has more than twenty owners, a single proxy holder cannot receive proxies representing more than one fifth of the total number of owners and more than one fifth of the total value shares. The cap does not apply to buildings with twenty owners or fewer. A digital tool managing proxies should calculate this ratio automatically as proxies get assigned, so the breach is caught before the meeting rather than discovered on the day, when correcting it becomes far more complicated.
Can the property manager accept a voting proxy for the assembly they convene?
No. The law excludes the property manager from being a proxy holder for the assembly they themselves convene and where they act as secretary or otherwise as organizer, to prevent a concentration of decision making power in the hands of whoever also runs the notice and the minutes. A digital proxy collection tool should automatically prevent selecting the property manager as proxy holder when a proxy is generated.
Does a digitally signed proxy carry the same weight as a handwritten paper proxy?
The proxy must be in writing and clearly traceable to the delegating owner: a platform that ties the proxy to the owner's authenticated account, to their unit, and keeps date and content in a traceable record gives the chair the elements needed to verify its origin, just as a traditional proxy would require. In case of a dispute what matters is being able to show who generated the proxy and when, which is why traceability of the digital process is a central requirement, not a minor technical detail.
What must the assembly minutes record about proxies?
The minutes must list, at the opening of the meeting or for each agenda item where relevant, the attending owners, distinguishing personal attendance from proxy attendance, naming the proxy holder for each proxy exercised. This information is needed to reconstruct the constitutive and resolutive quorum if questioned later. Managing proxies with AmministraPro means this list is already structured and ready to be transferred into the minutes, cutting down the secretary's manual transcription work.
Who can access the data of digitally collected proxies?
The personal data contained in proxies, the names of the delegating owner and the proxy holder and the value shares involved, falls under GDPR processing and should only be accessible to the property manager and to those authorized to manage the assembly, limited to the purpose of organizing and recording the meeting. In practice on AmministraPro access is reserved to whoever manages the assembly, while individual owners only see the proxies they generated or received.
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