Practical guide
Constitutive and Deliberative Quorum: Practical Examples
The condominium owners' meeting uses two distinct quorums, often confused with each other. The constitutive quorum establishes when the meeting is validly convened, that is when it may start to deliberate. The deliberative quorum establishes with how many votes a single decision is approved. Both are measured on two quantities, the number of participants and the value in thousandths (millesimi), and they change between first and second call under Article 1136 of the Italian Civil Code. Confusing the two moments leads to errors: a meeting may be validly convened but fail to reach the majority for a specific resolution. This guide clarifies the difference with numeric examples based on a building of 1000 millesimi.
What the constitutive quorum measures
The constitutive quorum verifies whether there are enough owners in the room, by number and by millesimi, to make the meeting valid. It is checked at the opening, before discussing the items on the agenda. If it is not reached, the meeting cannot deliberate and the next call is used.
On first call, Article 1136 requires the presence of the majority of the participants in the condominium representing at least two thirds of the value of the building, that is 666.67 millesimi out of 1000. On second call the threshold drops to one third of the participants and one third of the value, that is 333.33 millesimi.
What the deliberative quorum measures
The deliberative quorum applies to the individual decision. Even when the meeting is constituted, each resolution passes only if it gathers the majority required for that matter. The majorities are not the same for every topic: ordinary matters have lower thresholds, extraordinary matters or innovations require higher ones.
On first call, for ordinary matters, the resolution is valid with the majority of those present and at least half of the value of the building, that is 500 millesimi. On second call, still for ordinary matters, it needs the majority of those present and at least one third of the value, that is 333.33 millesimi.
Example on first call
Imagine a condominium of 1000 millesimi and 12 owners. On first call 8 owners attend, representing 720 millesimi. The constitutive quorum is met: those present are more than half of the owners and exceed the required 666.67 millesimi.
On an ordinary resolution, 5 of the 8 present vote in favour for 520 millesimi. The resolution is approved, because it has the majority of those present, 5 out of 8, and exceeds 500 millesimi. If instead the favourable votes were 4 out of 8 for 480 millesimi, the resolution would not pass: both the majority of those present and the 500 millesimi threshold would be missing.
Example on second call
Same building, second call. Five owners attend for 380 millesimi. The constitutive quorum is met, because it exceeds one third of the participants and 333.33 millesimi. The meeting is therefore validly convened.
On an ordinary resolution, 3 of the 5 present vote in favour for 340 millesimi. The resolution is approved: there is the majority of those present, 3 out of 5, and the 333.33 millesimi required on second call are exceeded. This example shows how a decision can pass with much lower millesimi than on first call.
The matters that require higher thresholds
Some decisions have reinforced deliberative quorums regardless of the call. The innovations under the first paragraph of Article 1120 require the majority of those present representing at least two thirds of the value, that is 666.67 millesimi. The appointment and removal of the administrator and extraordinary repairs of significant size require the majority of those present and at least 500 millesimi, always.
Before declaring a resolution approved, it is therefore essential to identify the matter and the correct threshold. Applying the ordinary quorum to a matter that requires a reinforced one is an error that makes the resolution challengeable.
Verifying quorums without manual calculations
With several items on the agenda, recalculating those present and the millesimi by hand for each vote is tiring and risky. With AmministraPro the recorded attendance and proxies feed the automatic count of the constitutive quorum and, for each resolution, of the deliberative quorum according to the matter and the call.
The system shows in real time whether a decision is approved or rejected, reducing errors in the minutes. The meeting features and the available plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
What is the difference between the two quorums?
The constitutive quorum establishes whether the meeting is validly convened and is checked at the opening. The deliberative quorum establishes whether a single resolution is approved and is checked on each vote. A meeting may be constituted but fail to reach the majority needed for a specific decision, which in that case does not pass.
What is the constitutive quorum on first call?
On first call, Article 1136 requires the presence of the majority of the participants in the condominium representing at least two thirds of the value of the building, that is 666.67 millesimi out of 1000. If this threshold is not reached, the meeting is not validly convened and the second call must be used.
How do quorums change on second call?
On second call the constitutive quorum drops to one third of the participants and one third of the value, that is 333.33 millesimi. For ordinary matters the resolution is valid with the majority of those present and at least one third of the value. The thresholds for innovations, appointment and removal of the administrator and extraordinary repairs of significant size remain reinforced.
Do abstentions count in the deliberative quorum?
Whoever abstains is present and contributes to the constitutive quorum, but their vote is not in favour. For the deliberative quorum, the favourable votes are counted against those present, together with the favourable millesimi. A high number of abstentions can therefore prevent reaching the majority needed to approve the resolution.
Do all resolutions have the same deliberative quorum?
No. Ordinary matters have lower thresholds, while innovations, major changes and certain decisions indicated by the Civil Code require reinforced majorities, for example 500 or 666.67 millesimi depending on the matter. Before declaring a resolution approved, the matter must be identified and the correct threshold set by law applied.
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