Practical guide
Convening the tenant: when the lessee has the right to vote
In a condominium the right to attend the meeting normally belongs to the owner, but there are matters in which the law recognises a role for the tenant, the lessee. Italian Law 392 of 1978 on regulated rent provides that the tenant votes, in place of the owner, on resolutions relating to the costs and management arrangements of heating and air conditioning services, and may speak, without the right to vote, on resolutions concerning the modification of other common services. This guide explains when to convene the tenant, how to coordinate the invitations with those to the owner and how to keep a record of them.
Before convening when there is a tenant
- Check whether the agenda touches heating or air conditioning
- If so, convene the tenant to exercise the right to vote on those items
- Distinguish the items on which the tenant votes from those where they only speak
- Update in the register the tenants' contact details reported by the owner
- Keep proof of delivery to the tenant when due
The principle: owner as holder, tenant in specific cases
The right to attend and vote at the meeting is linked to ownership of the unit. The tenant is not an owner and, as a rule, does not take part in the meeting. The law, however, identifies certain matters in which the tenant has a role, because they concern costs and services that directly affect their enjoyment of the property and are borne by them under the lease.
This role does not arise from the lease but from the law: it is the legislator who, for certain resolutions, grants the tenant the right to vote or to speak. The condominium manager must therefore know this distinction to organise the convocations correctly.
Heating and air conditioning: the tenant votes
Article 10 of Italian Law 392 of 1978 states that the tenant has the right to vote, in place of the owner of the leased flat, on the meeting's resolutions relating to the costs and management arrangements of heating and air conditioning services. In these matters, therefore, the right to vote shifts from the owner to the tenant.
In practice, when the agenda contains decisions on consumption, cost allocation or management arrangements of the central heating or air conditioning system, the manager must convene the tenant, who will vote on those items in place of the owner. It is prudent for the notice to state clearly the items on which the tenant is called to vote.
Other common services: the tenant speaks without voting
The same rule provides that the tenant has the right to speak, without voting, on resolutions concerning the modification of other common services. This is a right of presence and expression, not a decision-making power: the tenant may make their voice heard but the decision remains with the owners.
This applies when the agenda contains the modification of common services other than heating and air conditioning. Here too, informing the tenant respects their right to speak and avoids challenges about the regularity of the procedure.
Coordinating invitations between owner and tenant
Since the tenant's role depends on the items, the same meeting may require convening the owner for most points and the tenant for those on heating and air conditioning. A mixed agenda must be handled carefully, keeping the competent recipients distinct point by point.
To organise the invitations the manager needs up to date contact details for the tenants, which the owner usually reports at the time of the lease. Recording in the register the link between unit, owner and tenant makes it possible to route the notices automatically to the right person when the topic requires it.
Tracking mixed convocations
When the meeting also involves tenants, the documentation of invitations becomes more complex. You must be able to show that the tenant was convened for the items within their competence, with the relevant proof of receipt, exactly as for owners.
A management system that links owner and tenant to the same unit and records convocations by recipient makes this handling orderly and verifiable. With AmministraPro the register distinguishes the roles and the sending of notices keeps track of the receipts; the features are described at /funzioni and the plans at /prezzi.
Frequently asked questions
Does the tenant always take part in the meeting?
No. The tenant is not an owner and, as a rule, does not take part. Italian Law 392 of 1978 grants them the right to vote, in place of the owner, only on resolutions relating to the costs and management of heating and air conditioning services, and a right to speak without voting on the modification of other common services.
On which items does the tenant have the right to vote?
On resolutions relating to the costs and management arrangements of heating and air conditioning services, under Article 10 of Italian Law 392 of 1978. On these items the right to vote transfers from the owner to the tenant, who votes in their place.
Must I convene both the owner and the tenant?
It depends on the agenda. For items on heating and air conditioning the tenant must be convened and votes in place of the owner. For the modification of other common services the tenant has a right to speak. With a mixed agenda it is prudent to organise the invitations keeping the competent recipients distinct.
If I do not convene the tenant, is the resolution valid?
If the agenda touches matters on which the tenant has the right to vote and they are not convened, the regularity of the procedure is compromised and the resolution on those items can be challenged. That is why it is important to identify in advance the items that involve tenants.
Where do I obtain the tenants' contact details?
Usually the owner reports the tenant's details to the manager at the time of the lease. It is good practice to record in the resident register the link between unit, owner and tenant, so that notices can be addressed to the right person when the agenda topic requires it.
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