How to record statements in the minutes

The right to request that a statement be recorded

Every unit owner present at the meeting has the right to ask that a personal statement, objection, or reservation be entered into the minutes. No prior authorization from the property manager is needed: the request must be granted, because the minutes must reflect what actually happened at the meeting, including the positions expressed by individual participants. The chair, who runs the proceedings, and the secretary, who drafts the text, are responsible for ensuring that every relevant statement finds its place in the final document.

The request can cover different content: a reasoned dissent on a resolution, a technical clarification on a quote, a reservation about the validity of the notice of meeting, a remark about another owner's conflict of interest. In all these cases the rule is the same: the substance of the statement must be reported, not necessarily word for word, but without distorting its meaning.

Faithful wording: how to record without misrepresenting

Faithfulness does not mean a full stenographic transcript of every intervention, the minutes are not a court transcript. It does mean that the sense of the statement must be reported correctly and clearly, without summaries that alter its meaning or omissions that change its scope. Some practical guidance for the secretary:

If the owner submits the statement in writing, it is best to attach it to the minutes and reference it in the body of the text rather than summarizing it: this removes any doubt about faithfulness. If the statement is made orally, it is good practice to read it back to the owner before closing that agenda item, asking for confirmation that the wording matches what they meant to say. This simple but often overlooked practice prevents later disputes about the content of the minutes.

• Record the name of the person making the statement and which agenda item it relates to
• Clearly distinguish statements, dissents, and simple requests for clarification
• Avoid the property manager's own comments or judgments on the content of the statement
• Attach lengthier statements in writing rather than summarizing them

Dissent and its weight for a challenge (Article 1137 of the Civil Code)

Article 1137 of the Italian Civil Code provides that resolutions can be challenged, among others, by owners who were absent, dissenting, or abstaining, within thirty days. For absent owners the term runs from notice of the resolution, for dissenting owners from the date of the meeting itself. This is why it is crucial that the minutes precisely record who voted against and who abstained: the minutes are the documentary evidence of the dissent, the element that grounds any subsequent challenge in court.

A dissent that is not properly recorded, or attributed generically to 'some owners' without names, weakens the position of anyone who intends to challenge the resolution. This is why the secretary must note, name by name, who votes against, who abstains, and who, though present, does not take part in the vote on a given item.

Evidentiary value of the minutes in a dispute

The meeting minutes are the document that, in any subsequent proceeding, attests to what was resolved, with what majorities and what dissent. They do not have the force of a notarial public deed, but they are presumed accurate until proven otherwise: anyone challenging their content must provide concrete evidence disproving it. This is why precision in recording statements is not a formality, but a real safeguard, both for the property manager, who is accountable for the correct running of the meeting, and for owners, whose position is acknowledged in the official document.

Well organized record keeping, with consistent minutes that are easy to consult over time, also helps prevent disputes: an owner who can clearly find their own statement or dissent has less reason to contest the accuracy of the management. Software such as AmministraPro allows minutes to be kept in a structured, organized way, so they can be retrieved quickly whenever a request or dispute arises.

Frequently asked questions