Adding to the agenda after the notice has been sent

The agenda binds the meeting

Article 66 of the implementing provisions requires the notice of meeting to contain the specific statement of the agenda. This statement is not a formality: it ensures that every owner knows precisely which items will be discussed and can decide whether to attend, how to orient themselves or whether to appoint a proxy with instructions.

Hence the principle: the meeting may validly resolve only on the items listed in the agenda. A decision taken on an unlisted point breaches the owners' right to prior information and is voidable on challenge under Article 1137 of the Italian Civil Code. The rule applies even when the topic that has come up seems urgent or sensible.

Any other business: what you can and cannot do

The heading any other business, often placed at the end of the agenda, is not a container that legitimises any resolution. Under this heading you can deal with communications, updates and information exchanges, but you cannot adopt decisions on topics that would have required a specific statement in the notice.

In practice, a point that involves a genuine resolution, such as approving an expense or awarding an assignment, cannot be hidden in any other business. If it comes up at the meeting, it may be discussed for information, but the decision must be deferred to a meeting where the topic has been duly placed on the agenda.

How to add a topic that has come up

If, after sending the notice, a need arises to resolve on a new topic, the correct route is the supplementary notice. The manager sends all entitled parties a notice adding the new point, respecting the same minimum five-day term before the meeting date.

The supplement must reach everyone who received the original notice, with the same rigour of form and proof. It is not enough to inform some owners verbally or to add the point only for those who request it: the agenda must be identical for everyone, otherwise inequality is created and the resolution on the added point is vitiated.

• Draft a supplementary notice stating the new point specifically
• Send it to all entitled parties, not only to those who asked
• Respect the five-day term before the meeting
• Keep proof of delivery of the supplement as for the notice

When to defer or reconvene

If there is not enough time to respect the five-day term on the new topic, the supplement is not feasible for that session. In that case the prudent choice is to hold the meeting only on the points already listed and to schedule a new meeting for the topic that has come up, with proper convocation.

Forcing the discussion of an unlisted point to save time is a false economy: the resolution so adopted is fragile and can be annulled, forcing everything to be redone. A second proper meeting is better than a resolution exposed to challenge.

Handling the agenda and supplements with the system

Keeping the agenda, any supplements and the deadlines under control is easier with a tool that composes the notice, calculates the deadlines and sends to all entitled parties tracking the receipts. This way a supplement is sent to the correct audience and stays documented like the original notice.

With AmministraPro the manager prepares the agenda, handles any supplementary notices and keeps proof of delivery in a single flow, reducing the risk of resolving on points not duly included. The features are described at /funzioni and the plans at /prezzi.

Frequently asked questions