Practical guide
The Agenda and Matters Requiring Qualified Majorities
Not every decision of the meeting is taken with the same majority. Alongside ordinary-administration matters, which follow the thresholds of Article 1136 of the Italian Civil Code, some matters require qualified majorities: improvements under Article 1120 of the Italian Civil Code, amendments to the rules, changing the use of common parts under Article 1117-ter of the Italian Civil Code. Bringing these matters to the agenda without preparing them is the surest way to see the resolution collapse for lack of quorum. This guide explains how to recognise qualified matters, how to state them in the notice and how to organise proxy collection so as to reach the meeting with the necessary numbers.
How to handle a qualified-majority item
- Recognise the matter: improvement, rules, change of use or other qualified matter.
- Identify the majority required by Articles 1136 and 1120 of the Italian Civil Code.
- Word the item specifically, with the subject and reference to the documents.
- State in the notice the majority needed, so owners grasp its weight.
- Collect proxies in advance to approach the required quorum.
- Plan that, if the quorum is missing, the item is postponed rather than forced.
- Minute precisely the votes cast and the thousandths (millesimi) represented.
When a qualified majority is required
A simple majority of those present is not enough for decisions that affect the condominium more deeply. Improvements, that is works that alter the common property to enhance it or make its use more convenient, require the qualified majorities set by Article 1136 of the Italian Civil Code in relation to Article 1120: a broader consensus, taking into account both the number of participants and the value of the building.
Amendments to the condominium rules of an assembly nature and changing the use of common parts under Article 1117-ter of the Italian Civil Code also follow reinforced majorities. Recognising, when drafting the agenda, that an item belongs to these categories is the first step to not getting the quorum wrong at the vote.
How to state the qualified matter in the notice
The item must be worded specifically, stating the concrete subject and, where they exist, the attached documents. For qualified matters an extra step is useful: flagging in the notice itself that the decision requires a reinforced majority. It is not a legal obligation, but it helps owners perceive the weight of the decision and organise to be present or represented.
An owner who reads that an improvement will be voted with a qualified majority understands that their presence or proxy may be decisive, and this increases useful participation. Transparency about the required quorum also reduces the risk that, once the resolution is taken, someone challenges the count of votes cast.
Collecting proxies to reach the quorum
Qualified matters often require more votes than are gathered through spontaneous attendance alone. This is why meeting preparation must include advance proxy collection, within the limits set by Article 67 of the implementing provisions of the Italian Civil Code, which caps the number of proxies a single person may hold in condominiums above a certain size.
Knowing in advance which thousandths (millesimi) are already secured lets the manager estimate whether the quorum is reachable and, if not, postpone the item rather than take it to the vote and see it rejected or approved in a challengeable way. Keeping this proxy accounting tidy is decisive for matters requiring a high majority.
What to do if the quorum is missing
If, at the meeting, the available votes do not reach the qualified majority, the prudent choice is not to force the vote but to record in the minutes that the item did not reach the quorum and postpone it to a later meeting. A resolution approved with a majority below that required is voidable for lack of quorum, with the risk of having to repeat everything.
Postponement is not a defeat but a protection: it lets the manager collect further proxies, clarify owners' doubts and bring the item back when the assembly base is sufficient. Minuting precisely the votes cast and the thousandths (millesimi) represented documents the correctness of the management.
Organising quorums with management software
Keeping together, for each item, the required majority, the thousandths (millesimi) present and the proxies collected is precision work that by hand becomes laborious in large condominiums. A condominium management software such as AmministraPro lets you associate to each agenda item the type of majority needed, record proxies within the limits of Article 67 of the implementing provisions and calculate in real time the thousandths represented during the vote.
This way the manager arrives at the meeting knowing for which matters the numbers are there and for which it is better to postpone, and the minutes report the votes and thousandths exactly. The available features are described on the features page and the plans on the pricing page.
Frequently asked questions
Which matters require a qualified majority?
The main ones include improvements under Article 1120 of the Italian Civil Code, amendments to the condominium rules of an assembly nature and changing the use of common parts under Article 1117-ter. For these matters a simple majority of those present is not enough: the reinforced thresholds set by Article 1136 of the Italian Civil Code are needed, considering both the number of participants and the value of the building.
Must the notice state the majority required for an item?
It is not a legal obligation, but it is good practice for qualified matters: flagging that the decision requires a reinforced majority helps owners perceive the weight of the vote and organise to be present or represented. Transparency about the quorum also reduces the risk that, after the resolution, someone challenges the count of votes cast.
What happens if you approve with a majority below the required one?
The resolution is voidable for lack of quorum: absent or dissenting owners may challenge it before the court within thirty days under Article 1137 of the Italian Civil Code. That is why, when the votes are not enough, it is better to postpone the item and record it in the minutes, rather than take it to the vote anyway and risk having to repeat the whole procedure.
Are there limits on how many proxies an owner may hold?
Yes, Article 67 of the implementing provisions of the Italian Civil Code caps the number of proxies a single person may hold in condominiums above a certain size, to prevent a few people concentrating control of the meeting. When collecting proxies to reach a qualified majority you must respect this cap, otherwise the excess votes are not valid.
How do you keep count of the thousandths during the vote?
You need to associate to each owner present or represented their thousandths (millesimi) and sum them to check whether the quorum is reached. A management tool such as AmministraPro lets you record attendance and proxies, calculate in real time the thousandths represented and minute the votes cast for each item exactly, reducing counting errors that generate challenges. Details on the features and pricing pages.
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