Practical guide
Convening the ordinary owners' meeting step by step
Convening the owners' meeting is a duty Article 1130 of the Italian Civil Code places on the manager, at least once a year to approve the annual report. The formal rules of the notice are set by Article 66 of the implementing provisions of the Italian Civil Code: the notice must reach all those entitled at least five days before the date set for the first call, must specifically state the agenda and the place and time of the meeting, and be sent by means that prove its receipt. An error in these steps can make the resolutions voidable. This guide follows step by step how to convene the ordinary meeting correctly and enforceably.
Requirements of a valid notice of meeting
- Delivery to all those entitled at least five days before the first call
- Specific indication of the items on the agenda
- Date, time and place of the first and second call
- Sending by a means that proves receipt, such as certified email, registered letter or hand delivery
- An updated list of those entitled taken from the register of owners' details
Who must be convened and with how much notice
All those entitled to take part must be convened: the owners and, in the cases provided for, holders of real or personal enjoyment rights to the extent the law gives them a voice, depending on the matter discussed. The correct list comes from the register of owners' details that Article 1130, number 6, requires be kept updated: convening on the basis of old data is the first cause of defects.
Article 66 of the implementing provisions establishes that the notice of meeting must arrive at least five days before the date set for the first call. The term is one of receipt, not of dispatch: what counts is when the notice reaches the recipient, not when it is sent. That is why the chosen means must allow proof of both the date and the fact of receipt.
Step 1: draw up the agenda
The agenda is the heart of the notice. It must specifically list the topics on which the meeting will be called to resolve, so that each entitled person knows in advance what will be discussed and can decide whether to attend and how. Generic wording such as any other business does not allow valid resolutions on substantive matters that were not announced.
For the annual ordinary meeting the typical items are approval of the report for the closed financial year, any approval of the budget for the current year, the appointment or confirmation of the manager and ordinary administration matters. Each topic must be worded clearly and precisely.
Step 2: choose the means of transmission
Article 66 of the implementing provisions requires the notice to be communicated by means that prove its receipt. Suitable means include, among others, certified email, registered letter, fax and hand delivery with a signed receipt. The choice depends on the contact details the owners have communicated and that the manager keeps in the register of owners' details.
Proof of receipt is not a bureaucratic detail: if an owner claims not to have been convened, the manager must be able to show that the notice reached them within the term. Without this proof, the resolution adopted risks annulment on a challenge by an absent owner who was not properly convened.
Step 3: set the first and second call
In practice the notice indicates a first and a second call, because at the first call the constitutive and deliberative quorums required by Article 1136 of the Italian Civil Code are higher and often not reached. The second call must be set on a later day, respecting the minimum interval provided by law, and not at the same time as the first.
Indicating both calls in the notice avoids having to repeat the whole procedure if the first fails for lack of quorum. It is, however, necessary that the dates and quorums be clear, because a meeting validly constituted at the second call resolves with different majorities than at the first.
Step 4: document the notice and manage it with software
Convening correctly also means keeping a record of everything: the list of recipients, the text of the notice, the sending and delivery receipts. This documentation protects the manager and the validity of the resolutions, and it should be archived together with the minutes of the meeting.
Handling mailings, receipts and deadlines by hand for dozens of owners is laborious and risky. AmministraPro prepares the notice with the agenda, sends the convocations to the contacts in the register of owners' details through channels that prove receipt, and stores the receipts linked to the meeting, helping to meet the five-day term. The features for meetings and communications are described on the /funzioni page, while the plans are on /prezzi.
Frequently asked questions
How much notice is required for the convocation?
Article 66 of the implementing provisions of the Italian Civil Code requires the notice to reach all those entitled at least five days before the date set for the first call. The term is calculated on receipt by the recipient, not on dispatch: that is why a means that proves the date of arrival is needed.
Can the meeting resolve on a matter not on the agenda?
No, not validly for substantive matters. The agenda must specifically state the topics, so that each entitled person knows in advance what will be discussed. A resolution on an unannounced topic is exposed to annulment on a challenge by anyone who was not put in a position to take part in it knowingly.
How is receipt of the notice proved?
By using means that attest to its receipt, such as certified email, registered letter, fax or hand delivery with a signature. The manager must keep the receipts: if an absent owner disputes it, it is the manager who must show that the notice arrived within the legal term.
What happens if an owner is not convened?
The resolution adopted is voidable on a challenge by the omitted owner, that is one who was not convened or was convened irregularly. That is why the list of recipients must be kept updated through the register of owners' details, and receipt of the notice documented for each entitled person.
Is a plain email valid for the convocation?
An ordinary, uncertified email does not guarantee the proof of receipt required by Article 66 of the implementing provisions, so on its own it is risky. Channels that attest to date and delivery, such as certified email or registered letter, are safer. If the condominium has adopted specific communication methods, those must be respected.
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