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Condominium law

Ordinary and extraordinary meetings explained

In an Italian condominium, the word assembly covers two very different types of meetings, distinguished by purpose rather than by voting majorities. The ordinary meeting is the periodic one, required by law at least once a year to approve the financial statement and plan routine management. The extraordinary meeting is convened whenever a specific decision cannot wait for the yearly appointment, from urgent works to changes in the building regulation. Understanding this distinction, governed by articles 1135 and 1136 of the Italian Civil Code, helps administrators and owners prepare a correct notice, check the applicable quorum and reduce the grounds for challenging a resolution. This guide covers the topics, timing, frequency and majorities required for each type of meeting.

What separates an ordinary from an extraordinary meeting

The distinction does not concern the majorities needed to approve resolutions, which follow the rules of article 1136 of the Civil Code regardless of the type of meeting, but the timing and purpose of the gathering. The ordinary meeting is the annual one required by article 1130, first paragraph, number 10, to approve the year end financial statement and the budget: the administrator must convene it within one hundred eighty days from the close of the management year.

The extraordinary meeting is convened whenever a specific issue arises that cannot wait for the annual appointment: an urgent intervention on a shared system, a change to the building regulation, the appointment or removal of the administrator during the term, or authorization for legal action. There is no cap on the number of extraordinary meetings: they can be called as often as needed, at the request of the administrator or of at least two owners representing one sixth of the building's value, as set out in article 66 of the implementing provisions of the Civil Code.

Typical topics for each type of meeting

The annual ordinary meeting typically covers: approval of the year end financial statement together with its explanatory summary note, approval of the budget and the related expense allocation, appointment or confirmation of the administrator and their fee, and setting up a special reserve fund for extraordinary works where required.

The extraordinary meeting deals with specific matters instead: unplanned extraordinary maintenance works, innovations such as installing a lift or renewable energy systems, changes to the building regulation, active or defensive litigation, and appointing an administrator following resignation or early removal. The line between topics is not always rigid: a condominium can add several extraordinary items to the same agenda as the annual ordinary meeting, as long as each point is clearly listed in the notice of convocation.

Notice, timing and convocation

Article 66 of the implementing provisions states that the notice of convocation, containing a specific indication of the agenda, must be sent to owners at least five days before the date set for the first convocation, by registered mail, certified email, fax or hand delivery with signed receipt. This deadline applies equally to ordinary and extraordinary meetings: there is no shortcut for urgent convocations, even in genuine emergencies, which still do not exempt the administrator from the required forms of communication.

The notice must state the date, time and place of the meeting, together with a specific list of the topics to be discussed: a vague or incomplete agenda is one of the most common grounds for challenging a resolution, since it prevents absent owners from deciding whether to attend.

Constitutive and resolution quorum

The required majorities depend on the subject of the resolution, not on whether the meeting is ordinary or extraordinary. On first convocation, article 1136 requires the presence of owners representing at least two thirds of the value of the whole building and the majority of those present; on second convocation one third of the building's value and the majority of those present is enough, with higher thresholds for innovations, works on common parts and other specific matters.

For this reason the second convocation, usually set for the following day, is the most common practice: it allows the meeting to resolve even with lower attendance, while still applying the reinforced quorum required for the most significant decisions, such as innovations under article 1120 or changes to the building regulation.

Managing both meeting types without errors

Administrators and condominium councils benefit from managing convocations digitally: a software platform such as AmministraPro allows the agenda to be prepared, tracks the delivery of notices and their receipts, automatically calculates quorum based on the shares of owners present, and keeps minutes organized, reducing the risk of formal defects that lead to a resolution being challenged in court.

Frequently asked questions

How often must the ordinary meeting be convened?

The ordinary meeting must be convened at least once a year. Article 1130 of the Civil Code requires the administrator to submit the financial statement to the owners within one hundred eighty days from the close of the management year, unless the building regulation sets a different deadline. If the administrator misses this deadline, owners can press for convocation or, in case of continued inaction, apply to the courts to obtain it.

Who can request an extraordinary meeting?

The administrator can call one on their own initiative, or at least two owners representing one sixth of the building's value can request one, as set out in article 66 of the implementing provisions of the Civil Code. If the administrator fails to act within ten days of the request, the owners who submitted it can convene the meeting directly, clearly listing the topics in the notice.

Do ordinary and extraordinary meetings require different majorities?

No, the required majorities do not depend on the type of meeting but on the subject of the resolution, according to the thresholds set by article 1136 of the Civil Code. A resolution on innovations or changes to the building regulation requires the same quorum whether it is discussed at the annual ordinary meeting or at an extraordinary meeting convened specifically for it, as long as the topic is listed on the agenda.

What happens if the constitutive quorum is not reached?

If the quorum required by article 1136 is not reached on first convocation, the meeting cannot validly resolve and is postponed to the second convocation, whose date the notice must already indicate, usually the following day. On second convocation the constitutive quorum is lower, but the reinforced majorities required for specific matters, such as innovations, still apply.

Is a resolution passed with a vague agenda valid?

It carries a significant risk of being challenged. Article 66 of the implementing provisions requires the notice of convocation to specifically indicate the agenda: a vague or incomplete list prevents owners from deciding whether to attend and what to expect. It is among the most common grounds absent or dissenting owners use to challenge a resolution in court within thirty days.

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