Practical guide
Meeting convened on owners' request: how to handle it
The meeting does not arise only on the manager's initiative: owners may also request that it be convened. Article 66 of the implementing provisions of the Italian Civil Code provides that the meeting may be convened at the request of at least two owners representing one sixth of the building's value. If the manager fails to act within the legal term, those same owners may convene it directly. This guide explains who may submit the request, how it must be worded, within what time the manager must act and how to correctly handle the resulting notice of meeting, avoiding defects that would expose the resolution to challenge.
Handling a request to convene
- Check that the applicants are at least two and represent one sixth of the value
- Check that the request states the items to be discussed
- Take steps to convene within the legal term
- Draft the notice including the requested items in the agenda
- Keep the request received and proof of the notice sent
Who may request the convocation
Article 66 of the implementing provisions gives owners the power to prompt the convocation of the meeting. The requirement is twofold and cumulative: there must be at least two owners who together represent one sixth of the building's value, expressed in thousandths (millesimi). The will of a single owner is not enough, nor the mere number of people without the corresponding share.
The power to request is a tool for protecting the minority: it allows those who do not manage the condominium to bring to the meeting's attention matters deemed urgent or relevant, without depending solely on the manager's initiative.
What the request must contain
The request is addressed to the manager and must state the items whose discussion is sought. It is the subject of the request that defines the points to be placed on the agenda of the future meeting: the manager may not ignore or empty out the items proposed by the requesting owners.
It is good practice for the request to be made in writing and sent by a means that allows proof, so as to fix the date of receipt with certainty, from which the manager's term runs. The manager too has an interest in keeping the request received, because it documents the source of the convocation.
Deadlines for the manager and direct convocation
Having received a valid request, the manager must proceed to convene. Article 66 governs the case where the manager remains inactive: once the set term has passed without a convocation, the requesting owners may convene the meeting directly.
This mechanism prevents the manager's inaction from blocking the minority's right. When it is the owners who convene directly, they must still respect the forms and terms of Article 66, starting from the minimum five-day notice and the prescribed means of communication. Direct convocation is not a shortcut free of rules but follows the same procedure.
Drafting the notice from the request
The notice of meeting must contain the items stated in the request, worded specifically and understandably. The agenda may also include other points that the manager considers appropriate, but may not omit those requested by the entitled owners.
The wording of the points is delicate: a generic agenda, or one that does not faithfully report the requested items, can vitiate the resolution. It is better to report the items clearly, so that each owner knows what will be decided and can prepare or appoint a proxy.
Documenting the whole procedure
A convocation on request produces a chain of acts that is best kept: the owners' request with its date, the agenda that takes up its items and the proof of delivery of the notice to all entitled parties. In case of a challenge on regularity, this documentation demonstrates compliance with the procedure.
A management system helps keep these elements together: it records the request received, composes the agenda and sends the notices tracking the receipts for each recipient. With AmministraPro the manager handles the whole flow in an orderly way; the features are described at /funzioni and the plans at /prezzi.
Frequently asked questions
Is one owner enough to request the convocation?
No. Article 66 of the implementing provisions requires at least two owners who together represent one sixth of the building's value in thousandths. These are cumulative requirements: neither the number of people without the share nor a single owner's share alone is sufficient.
Must the request state the items?
Yes. The request must state the items whose discussion is sought, because these define the points to be placed on the agenda. The manager must take them up in the notice and may not omit the items proposed by the entitled owners.
What happens if the manager does not convene?
If the manager remains inactive beyond the term set by Article 66, the requesting owners may convene the meeting directly. They must, however, respect the legal forms and terms, including the minimum five-day notice and the prescribed means of communication.
Is a convocation made by owners as valid as the manager's?
Yes, provided it respects the rules of Article 66. Direct convocation follows the same procedure: a notice with a specific agenda, the minimum five-day term before the first call and means suitable to prove receipt by all entitled parties.
Should I keep the owners' request?
It is strongly advised. The request documents the source of the convocation and its date of receipt, from which the manager's term runs. Together with the agenda and the proof of delivery, it forms the documentary chain that demonstrates the regularity of the procedure in case of challenge.
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