Practical guide
How to collect consent for an electronic meeting
Before calling a meeting by videoconference, the manager must make sure there is consent from the majority of owners to the electronic format, as required by the last paragraph of Article 66 of the implementing provisions of the Italian Civil Code. Collecting this consent in an orderly way avoids disputes over the validity of the session. The recommended method is to ask for agreement in writing with a simple form, set a deadline to reply, count the responses and keep them on file. When the building regulations already provide for videoconference, this step is not needed and you can call the meeting directly in electronic form.
Why consent should be collected first
Article 66 of the implementing provisions makes videoconference participation conditional on the consent of the majority of owners. Even if the regulations are silent, the electronic format is allowed, but only if this consent exists and can be proven.
Collecting consent before the notice lets you state from the outset in the notice that the meeting will be held remotely, with the platform and the access instructions. Otherwise you risk having to call the meeting twice or exposing the resolution to challenge.
How to word the request
The consent request can be a short form or a message explaining the proposal to hold the meeting by videoconference, the intended platform and the benefits in terms of participation. The owner replies by giving agreement, disagreement, or staying silent.
It is important that the request is clear that this is consent to the format, not the vote on the items on the agenda. The two are distinct: consent concerns the tool, the vote concerns the merits of the resolutions.
- Subject: consent to the videoconference format
- Indication of the proposed platform
- A clear deadline to reply by
- Space for agreement or disagreement and signature
Which channels to use to ask for agreement
Consent can be collected by any means that leaves a trace: email, certified email, a signed paper form or the condominium's reserved area. The goal is to have documentary proof that can be kept.
For owners who have already given an email address or a digital channel, collection is quick. For those who prefer paper, you can attach a form to be returned signed. The manager keeps a record of the responses with the date of receipt.
How to count the majority
The rule refers to the consent of the majority of owners. In prudent practice, the majority is considered reached when more than half of the owners have agreed. It is best to count the agreements and check that they exceed this threshold before proceeding with the electronic notice.
Those who do not reply are not counted as consenting. That is why it is useful to remind anyone who has not replied by the deadline, so as to have a clear picture of the actual agreements and calmly decide whether to call the meeting remotely or in person.
Keeping proof of consent
The responses collected must be kept together with the meeting documentation. In the event of a dispute over the validity of the electronic session, proof of consent is the element that shows compliance with Article 66 of the implementing provisions.
An orderly archive, with dated agreements attributable to each owner, protects the manager. In the minutes it is good practice to record that consent to the electronic format had been collected and that the required majority had been reached.
Managing consent with AmministraPro
Collecting consent, keeping track of it and linking it to the notice is easier when these steps live in the same management software. AmministraPro lets you send requests to owners, record the agreements and keep them together with the meeting records, reducing the risk of formal errors.
The features for notices and meetings are described on the /funzioni page, while the available plans are listed on the /prezzi page.
Frequently asked questions
Is consent to videoconference the same as the vote at the meeting?
No. Consent concerns the choice of the electronic format as a tool to hold the session, while the vote concerns the merits of the decisions on the agenda. They are two distinct acts: the first is needed to call the meeting remotely, the second to approve the resolutions.
Is someone who does not reply considered in favor?
No. Silence does not amount to consent. Only actual agreements are counted. That is why it is worth reminding anyone who has not replied by the deadline, so as to have a reliable count and to verify that the majority of owners has agreed to the electronic format.
Is consent needed if the regulations already provide for videoconference?
No. If the building regulations contain a clause allowing videoconference, the manager can call the meeting directly in electronic form without collecting consent each time. Collection is only needed when there is no provision in the regulations.
How is proof of the collected consent kept?
The responses, received by email, certified email, a signed form or the reserved area, must be filed together with the meeting documentation, with the date and reference to the owner. In case of a dispute, this archive shows compliance with Article 66 of the implementing provisions and it is best to cite it in the minutes.
Try AmministraPro
Accounting, thousandths-based cost splitting, meetings, communications and artificial intelligence in a single Italian software, compliant with UNI 10801 and GDPR.