Practical guide
How to Verify the Validity of a Meeting Proxy
Verifying the validity of a proxy is one of the most delicate tasks at the opening of the meeting, because an irregular proxy admitted to vote can flaw the quorum and the resolutions. Article 67 of the Implementing Provisions of the Italian Civil Code sets the essential requirements: written form, compliance with representation limits and a prohibition on the administrator receiving proxies. To these are added practical checks on the parties and on the identification of the unit. This guide offers an orderly procedure to examine each proxy, distinguish curable from incurable defects and decide whether to admit the representative, documenting the choice in the minutes.
Validity checks on each proxy
- Written form with date, grantor, representative and signature
- The grantor holds the voting right for the unit
- The unit and the millesimi are identifiable
- The representative is not the administrator
- The representative complies with the one-fifth limit if there are more than twenty owners
- The proxy refers to this meeting or is validly general
The form requirements
The first check is on the form. The proxy must be written and contain the elements that prove its effectiveness: the date, the name of the grantor with the indication of the unit, the name of the representative and the grantor's signature. A missing signature is the most common defect and, if the grantor is present, it is often curable.
A proxy without a date or with an unidentifiable unit creates uncertainty over the millesimi weight and over its reference to the meeting under way. If these elements cannot be reconstructed with certainty, the proxy cannot be admitted.
The parties: who may grant and who may be a representative
The grantor must hold the voting right for the unit they represent. In case of co-ownership or of a unit with several entitled parties, it must be verified that the proxy comes from someone with title. A proxy signed by a family member who is not the owner, without title, is not valid.
On the representative's side, Article 67 expressly prohibits the administrator from receiving proxies. A proxy in their favour must be treated as inadmissible. In other cases, the representative may be an owner or a third party, provided they comply with the quantitative representation limits.
Compliance with representation limits
If there are more than twenty owners, it must be verified that the representative does not exceed one fifth of the owners and of the value. The check is done by summing, for each representative, the number of proxies and the millesimi represented, and comparing them with the two thresholds, for example 200 millesimi out of 1000.
If a representative exceeds even just one of the two parameters, the excess cannot be admitted. The solution is to redistribute the proxies before the meeting or not to admit the one that goes over the threshold, noting the reason in the minutes.
Distinguishing curable and incurable defects
Not all defects have the same effect. A missing signature that the grantor, if present, can add is a defect that can be cured on the spot. The same applies to incomplete data that the grantor can complete. These cases are resolved without excluding the proxy.
Incurable, instead, are defects that touch substance: a proxy from someone without title, a proxy in favour of the administrator, or exceeding the limits of Article 67. In these cases the representative cannot vote for that unit, and the decision must be justified in the minutes for transparency.
Verifying proxies with management software
Examining many proxies by hand, checking parties, millesimi and limits, is long and error-prone. With AmministraPro proxies are recorded by linking them to the grantor and the representative, and the system automatically verifies the millesimi weight and the one-fifth threshold, flagging the excess before the meeting opens.
This makes it possible to admit only compliant proxies and to document the checks carried out. The meeting management features and the available plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Is a proxy without a signature always invalid?
The grantor's signature is an essential element, but if the grantor is present at the opening they can add it, curing the defect on the spot. If instead the grantor is absent and the signature is missing, the proxy is inadmissible because the proof of the will to be represented is lacking. It is good practice to note in the minutes how the case was resolved.
Who can be appointed as a representative?
The representative can be another owner or a third party, provided the proxy is written and complies with the limits of Article 67 when there are more than twenty owners. The only express prohibition concerns the administrator, who cannot receive proxies. The condominium regulation may set further indications, to be verified case by case.
How is it verified whether a proxy exceeds the limits?
For each representative, the number of proxies and the millesimi represented are summed and compared with one fifth of the owners and of the value, for example 200 millesimi out of 1000, when there are more than twenty owners. If even just one of the two parameters is exceeded, the excess is not admissible and must be handled before the vote.
Can the administrator vote with an owner's proxy?
No. Article 67 prohibits the administrator from receiving proxies for the meeting, to avoid conflicts of interest given that their work is often subject to approval or assessment. A proxy in favour of the administrator is an incurable defect: the representative cannot vote for that unit and the proxy must not be admitted.
Must the exclusion of a proxy be justified in the minutes?
Yes, it is strongly advised. Noting the reason for the exclusion, for example an uncurable missing signature or exceeding the limits, makes the decision transparent and protects the administrator in case of a dispute. Minutes that explain how proxies were verified and admitted strengthen the solidity of the resolutions adopted.
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