Regulatory guide
What is the meeting quorum
The meeting quorum is the minimum number of participants, counted both by head and by property shares, required for a condominium meeting to be validly held and for a resolution to be approved. Italian law distinguishes two different thresholds: the constitutive quorum, which concerns the validity of the session itself, and the deliberative quorum, which concerns approval of each individual resolution. Thresholds change between first and second call, and some matters, such as innovations, extraordinary works, or amendments to the condominium regulation, require qualified majorities. Understanding these rules prevents resolutions open to challenge and disputes among owners, an area where property management software such as AmministraPro helps by automatically calculating the property shares present in the room.
Constitutive quorum versus deliberative quorum
The constitutive quorum indicates how many owners, in terms of headcount and property shares, must be present in person or by proxy for the meeting to open and validly discuss the agenda. If this threshold is not met, the meeting cannot even begin deliberating on the item concerned, and the property manager must record the shortfall in the minutes.
The deliberative quorum, on the other hand, is the majority needed for a specific proposal put to a vote to be approved. A meeting can be validly constituted while a single resolution still fails to reach the required majority: in that case the meeting continues, but that particular item is not approved.
Article 1136 of the Italian Civil Code sets both thresholds not only with reference to the number of people present but also to the value of the property they represent, since in a condominium voting weight is proportional to ownership share rather than to a simple headcount.
Thresholds on first call
On first call, article 1136 paragraph 1 of the Civil Code requires, for the meeting to be constituted, the presence of owners representing at least two thirds of the value of the entire building and the majority of the condominium participants.
For resolutions on ordinary matters to be valid on first call, the favorable vote of the majority of those present is required, representing at least half the value of the building. These thresholds are higher precisely because first call assumes broad participation; when that does not happen, the law provides for a second call with more accessible quorums.
Thresholds on second call
If the constitutive quorum is not reached on first call, the meeting is held on second call, on a later date indicated in the same notice of convocation. Here the thresholds drop significantly.
On second call the meeting is validly constituted with the participation of at least one third of the condominium participants and at least one third of the value of the building. Resolutions on ordinary matters are approved with the favorable vote of the majority of those present, provided it represents at least one third of the value of the building.
This two tier system prevents the condominium from being paralyzed by absenteeism, while still guaranteeing a minimum of genuine representation in decisions.
Qualified majorities for specific matters
Not every decision follows the ordinary thresholds just described. For certain matters the Civil Code requires higher majorities, regardless of which call applies:
Costly or non essential innovations, works to remove architectural barriers beyond certain limits, amendments to the condominium regulation, and certain changes to the use of common areas require specific quorums, often equal to the majority of those present representing at least half the value of the building even on second call, or even higher thresholds for the most significant innovations. It is therefore essential that the agenda specify the item precisely, since the applicable quorum depends on it.
A careful property manager always checks, item by item, which majority is required before putting a resolution to a vote: an error on the quorum is one of the most frequent grounds for challenging resolutions in court.
How quorums are calculated and verified in practice
Calculating the quorum requires cross referencing two pieces of data for every owner present: their property share and their actual presence, whether direct or by proxy. The property manager records this data in the minutes, which must clearly state the shares present at the moment the meeting is constituted and at the moment of each individual vote, since they can change during the session if someone leaves.
Managing these thresholds manually in meetings with many participants is prone to calculation errors. Platforms such as AmministraPro allow the condominium's property share tables to be loaded and automatically calculate, in real time during the session, whether the constitutive and deliberative quorum required for each agenda item has been reached, reducing the risk of flawed resolutions and simplifying the drafting of the minutes.
Frequently asked questions
What is the difference between constitutive and deliberative quorum?
The constitutive quorum is the presence threshold, by headcount and by property shares, required for a meeting to open validly and discuss the agenda items. The deliberative quorum is instead the majority needed for a specific proposal put to a vote to be approved. A meeting can be regularly constituted while a specific resolution fails to reach the required majority, remaining unapproved.
What are the quorums on first call under article 1136?
On first call the meeting is constituted with the presence of owners representing at least two thirds of the value of the building and the majority of the condominium participants. Approving resolutions on ordinary matters requires the favorable vote of the majority of those present, representing at least half the value of the building.
What changes on second call?
On second call the thresholds drop: the participation of at least one third of the condominium participants and one third of the value of the building is enough to validly constitute the meeting. Ordinary resolutions are approved with the vote of the majority of those present, provided it represents at least one third of the value of the building. The second call must be indicated in the same notice as the first, on a later date.
For which decisions are higher majorities than the ordinary quorum required?
The Civil Code requires qualified majorities for certain matters, such as costly or non essential innovations, certain works to remove architectural barriers beyond ordinary limits, and amendments to the condominium regulation. In these cases the required threshold is often higher even on second call, so the property manager must check case by case which majority applies to the specific item under discussion.
What happens if a resolution is approved without the required quorum?
A resolution approved without the constitutive or deliberative quorum required by law or by the condominium regulation is voidable and can be challenged in court by absent, dissenting, or abstaining owners within the statutory time limits. For this reason the minutes must precisely document the shares present at every stage of the session: tools such as AmministraPro help track this data automatically during the meeting, reducing the risk of calculation errors.
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