Practical regulations
How to manage innovations in a condominium
Replacing lighting with motion sensors, installing electric vehicle charging points, insulating the roof: these are all innovations, meaning works that substantially change common areas or alter their use compared to the prior condition. Italian condominium law sharply distinguishes innovations from ordinary and extraordinary maintenance because they bring a genuine improvement in the building's function, and for this reason the law requires broader assembly consent than usual. Article 1120 of the Civil Code sets the applicable quorums, the legal limits, and the special category of subsidized innovations, introduced to speed up energy saving works and the removal of architectural barriers. Knowing how to tell an innovation apart from extraordinary maintenance prevents void resolutions and later disputes, and a platform like AmministraPro helps property managers track quorums and minutes with precision.
What distinguishes an innovation from extraordinary maintenance
Case law defines an innovation as any work that alters the original purpose or structure of a common area, introducing something genuinely new compared to the prior state, rather than simply repairing or replacing it as it was. Redoing the entrance hall with the same materials is extraordinary maintenance, while installing an elevator where none existed, roofing over a courtyard, or fitting the roof with photovoltaic panels are true innovations because they change the function or usability of the common asset.
The distinction is not academic: it changes the quorum required to approve the expense, and if the qualification is wrong, the resolution can be challenged and annulled at the request of a dissenting owner within the statutory deadlines.
The quorums set out in article 1120
For ordinary innovations, article 1120, referring to the reinforced quorums of article 1136, requires approval by a majority of those attending representing at least half the value of the building. This is a double threshold: a majority of attendees alone is not enough, that majority must also represent at least five hundred thousandths of ownership shares.
The final paragraph of article 1120 nonetheless prohibits innovations that could harm the stability or safety of the building, alter its architectural character, or render certain common parts unusable to even a single owner: these limits apply regardless of the quorum reached, so a prohibited innovation remains unlawful even if approved by an apparently unanimous assembly.
Subsidized innovations: a reduced quorum for specific goals
The second paragraph of article 1120 identifies certain innovations considered of particular social interest, for which the legislator lowered the approval threshold to a majority of those attending representing at least one third of the building's value. This category covers works to remove architectural barriers, to reduce energy consumption in buildings, to create parking spaces including those open to public use, to produce energy from renewable sources, and to install centralized systems for television reception and data network access.
The reduced quorum exists precisely to prevent a small group of dissenting owners from blocking works of collective and social interest, such as accessibility for people with disabilities or energy efficiency, which would otherwise be paralyzed by the ordinary reinforced majority.
Allocating the cost of the innovation
The general rule allocates the cost of an innovation among all owners according to their ownership shares, unless the innovation is burdensome or of merely voluptuary character for some owners: in that case article 1121 allows an owner who does not intend to benefit from it to be exempted from the expense, provided the enjoyment can be separated, while an owner who later wants to use the work must contribute to the execution and maintenance costs, recalculated at current value.
For subsidized innovations linked to architectural barriers and energy savings, an owner who initially opted out can still be called to contribute later if they decide to benefit from the work, according to criteria set by the assembly or, in case of dispute, by a court.
How to properly draft the resolution
A solid resolution on an innovation requires: a notice of meeting with an agenda that clearly describes the proposed work, the applicable quorum (ordinary or subsidized) stated already in the notice, cost estimates attached or available before the vote, and precise minutes recording the ownership shares in favor and against to demonstrate that the required threshold was met.
Management tools such as AmministraPro let property managers record the shares of those attending, automatically check whether a quorum has been reached, and keep minutes in a traceable way, reducing the risk of challenges based on formal defects in the majority.
Frequently asked questions
What is the difference between an innovation and extraordinary maintenance?
Extraordinary maintenance restores or preserves a common area in its original function, even when outdated materials are replaced with equivalent ones. An innovation, by contrast, introduces a substantial change that alters the purpose, structure or use of the asset compared to its prior condition, such as installing a brand new elevator or photovoltaic panels on the roof. Getting the qualification right is decisive because it changes the quorum required at the assembly.
What majority is needed to approve an ordinary innovation?
A majority of those attending the assembly is required, representing at least half the value of the building, meaning at least five hundred thousandths of ownership shares, under the reference in article 1120 to the reinforced quorums of article 1136. It is a double threshold of both attendees and shares that must be verified and recorded precisely, including with the help of management software such as AmministraPro.
What are subsidized innovations and when do they apply?
These are innovations for which article 1120 reduces the quorum to a majority of those attending representing at least one third of the building's value: they cover removing architectural barriers, energy savings, parking spaces, energy production from renewable sources, and centralized reception and data connection systems. The reduced quorum prevents a dissenting minority from blocking works of significant social interest.
Can an owner refuse to pay for an innovation?
If the innovation is burdensome or voluptuary and its enjoyment can be separated, article 1121 allows a dissenting owner to be exempted from the initial expense. If they later decide to use it, they must contribute to the execution and maintenance costs, revalued at the time of the request. For subsidized innovations linked to architectural barriers or energy efficiency, the later contribution follows specific criteria set by the assembly.
What happens if the assembly approves an innovation that the law prohibits?
The final paragraph of article 1120 prohibits innovations that harm the stability or safety of the building, alter its architectural character, or render a common part unusable even to a single owner. These prohibitions apply regardless of the quorum reached, so the resolution remains challengeable even if approved by a wide majority. Properly documenting estimates and minutes, for example with AmministraPro, helps prevent disputes of this kind.
Try AmministraPro
Accounting, thousandths-based cost splitting, meetings, communications and artificial intelligence in a single Italian software, compliant with UNI 10801 and GDPR.