What majorities are needed to remove architectural barriers

The reduced majority of Article 1120

Ordinary innovations require the highest qualified majority under Article 1120, first paragraph, which refers to the fifth paragraph of Article 1136. For accessibility works, instead, the second paragraph of Article 1120 lowers the threshold and refers to the second paragraph of Article 1136. The rationale is clear: the legal system wants to make removing architectural barriers easier, treating it as a value to protect.

In practice, the reduced majority is that of those present at the meeting representing at least half the value of the building, that is five hundred thousandths (millesimi). It is the same quorum required, for example, for many important first-call resolutions, and it is markedly lower than that for non-favoured innovations.

• Ordinary innovation: higher quorum (Article 1136 fifth paragraph)
• Accessibility: reduced quorum (Article 1136 second paragraph)
• Majority of those present plus at least 500 thousandths

First and second call

The reduced accessibility quorum is set by Article 1120 through the reference to the second paragraph of Article 1136, so it stays the same regardless of the call: majority of those present and at least half the value of the building. What changes is the constitutive quorum, that is how many owners must be present for the meeting to be validly convened.

On first call the meeting is regularly constituted with the participation of the majority of owners representing two thirds of the value. On second call it is enough for those present to represent at least one third of the owners and one third of the value. Checking the constitutive quorum first and then the resolutive one is essential: a meeting not validly constituted cannot resolve anything.

How the quorum is calculated in practice

The calculation requires two numbers: the head count of owners present and the thousandths they represent. To approve the accessibility work, the favourable votes must be the majority of those present and together represent at least five hundred thousandths. Abstentions do not count as favourable, so they are excluded from the tally of votes in favour.

An example: in a meeting with attendees representing 700 thousandths, if owners for 520 thousandths vote in favour and they are the majority of the heads present, the resolution passes. If instead those in favour were only 480 thousandths, the reduced quorum would not be reached even if numerically they were the majority of people. Both conditions are needed, heads and value.

• Count heads and thousandths of those in favour separately
• Exclude abstentions from the tally of votes in favour
• Check that those in favour exceed both thresholds together

Quorum mistakes that lead to a challenge

The most common mistake is applying the ordinary innovation quorum to a project entitled to the reduced one, or the opposite: using the reduced threshold for work that has no genuine accessibility purpose. The purpose must appear in the minutes and, where possible, from objective elements such as the presence of people with mobility difficulties or a design compliant with the technical accessibility rules.

Another pitfall is confusing the constitutive and resolutive quorums, or failing to record the thousandths of the voters in the minutes. Without these figures the resolution is hard to defend against a possible challenge. The practical rule is to always record the name, vote and thousandths of each participant, so the count can be reconstructed.

Managing quorums without errors

Calculating heads and thousandths in real time during the meeting, especially in large condominiums, is a delicate task. Support that automatically sums the thousandths of those present and voting reduces the risk of error and makes checking the reached quorum immediate.

With management software like AmministraPro the manager can record attendance and votes, obtain the automatic quorum calculation and generate minutes that record the majorities transparently. To learn more about the available tools you can consult the /funzioni page and the plans on the /prezzi page.

Frequently asked questions