Practical guide
Remote proxies in an electronic meeting
In a videoconference meeting too, an owner may be represented by a proxy holder, exactly as in person. The proxy must be in writing and respect the representation limits set by Article 67 of the implementing provisions of the Italian Civil Code: in condominiums with more than twenty owners, a proxy holder cannot represent more than one fifth of the owners and of the proportional value. The electronic format only changes the way the proxy is delivered and verified: the recommended practice is to collect proxies before the session, so the chair can check their validity and limits before opening the votes.
The proxy must be in writing
Article 67 of the implementing provisions requires that the proxy to take part in the meeting be granted in writing. A verbal proxy is not allowed: you need a document indicating the principal, the proxy holder, the meeting concerned and, where applicable, the limits of the mandate.
In an electronic meeting the proxy can be transmitted in digital format, for example as a signed document sent by email or certified email, or uploaded to the condominium's reserved area. What matters is that it can be attributed with certainty to the principal owner.
The representation limits of Article 67
Article 67 of the implementing provisions sets a quantitative limit on proxies: in condominiums with more than twenty owners, each proxy holder cannot represent more than one fifth of the owners and of the proportional value. This limit applies identically in a remote meeting.
The chair must verify that no proxy holder exceeds the allowed threshold. That is why it is useful to know in advance how many proxies each person carries: collecting them before the session allows representation to be distributed correctly and avoids a proxy vote being void because it exceeds the limits.
- Proxy always in written form
- In condominiums with more than twenty owners, a one-fifth limit per proxy holder
- The chair's check before the votes
- Early collection to control the limits
Collecting proxies before the session
The most orderly practice is to have proxies reach the manager well in advance. This way the manager can prepare a list of proxy holders with the thousandths (millesimi) represented and flag to the chair any exceedances of the limits.
The notice can indicate how and by when to transmit the proxy, providing a form. Early collection reduces the checks at the start of the session and makes the electronic meeting run more smoothly.
The chair's check at the opening
At the opening of the proceedings the chair checks the proxies: verifying that they are in writing, refer to that meeting and stay within the limits of Article 67. The chair then records in the minutes the proxy holders present and the thousandths each one represents.
If a proxy exceeds the one-fifth limit, the chair cannot count it for the excess part. It is preferable to resolve these cases before the votes, so the quorum count is correct from the very first item on the agenda.
Voting on behalf of the principal
During the votes the proxy holder casts both their own vote, if they too are an owner, and the one on behalf of the principal, declaring the two positions distinctly. The secretary records the votes, attributing to each principal their relevant thousandths.
If the mandate contained voting instructions, the proxy holder is bound to follow them. In the absence of instructions, the proxy holder votes according to their own judgment in the principal's interest. This distinction can also be recorded in the minutes for transparency.
Managing proxies with AmministraPro
Collecting proxies, checking their limits and linking them to the vote count is easier when these steps live in the same management software. AmministraPro helps record proxies, verify the Article 67 threshold and correctly attribute the thousandths in the votes.
The features dedicated to meetings and proxies are described on the /funzioni page, while the available plans are listed on the /prezzi page.
Frequently asked questions
Can the proxy for an electronic meeting be verbal?
No. Article 67 of the implementing provisions requires the written form for a remote meeting too. You need a document indicating the principal, the proxy holder and the meeting concerned, attributable with certainty to the owner. It can be transmitted in digital format, for example signed and sent by email or certified email.
How many proxies can a proxy holder carry?
In condominiums with more than twenty owners, each proxy holder cannot represent more than one fifth of the owners and of the proportional value, as established by Article 67 of the implementing provisions. The limit applies in videoconference too and the chair must verify compliance before the votes.
Why is it best to collect proxies before the session?
Early collection lets the manager prepare the list of proxy holders with the thousandths represented and flag any exceedances of the limits. This way the checks at the start of the session are quicker and it avoids a proxy vote being void because it exceeds the one-fifth threshold.
What does the chair do if a proxy exceeds the limit?
The chair cannot count the proxy for the part exceeding the one-fifth limit set by Article 67 of the implementing provisions. It is preferable to resolve these cases before the votes, so the quorum count is correct from the first item on the agenda and the resolution is not exposed to challenges.
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