Practical guide
Collecting and Checking Proxies Before the Owners' Meeting
A written proxy is the instrument through which an owner has another person represent them at the meeting, under Article 67 of the Implementing Provisions of the Italian Civil Code. Collecting and checking it before the meeting opens is essential, because proxies contribute to the constitutive quorum and to the votes on resolutions. A rushed check at the door risks admitting irregular proxies, assigning the wrong thousandths (millesimi) and making decisions challengeable. This guide explains, step by step, how to organise the collection, what to verify on each form and how to keep a clear record that will hold up to a possible dispute.
Checks on each proxy before the meeting
- The proxy is written and shows date, name of the grantor and name of the representative
- The grantor is an owner entitled to vote for that unit
- The unit and its corresponding thousandths (millesimi) are clearly identifiable
- The representative does not exceed the Article 67 representation limit
- The representative is not the administrator, who cannot receive proxies
- The proxy refers to this meeting or is a valid general proxy
Why the written form is not a mere formality
Article 67 of the Implementing Provisions states that whoever does not attend in person may be represented by a written proxy. The written form serves to prove who represents whom, with what millesimi weight and for which meeting. Without it, the representative cannot be admitted to vote and their presence does not count towards the quorum.
An oral proxy, a generic message or a verbal consent in the room do not satisfy the requirement. It is best to prepare a form in advance with the essential fields, attaching it to the notice of call, so each owner fills it in correctly and the check at the door becomes quick.
- Date and reference to the meeting it applies to
- Details of the grantor and of the property unit
- Name and surname of the representative
- Legible signature of the grantor
Organising the collection before the session
It is advisable to invite owners to send proxies in advance, by email or hand delivery, so the administrator can carry out a first check without pressure. Proxies arriving on the day must still be accepted if regular, but a pre-check reduces queues and errors at the opening.
Keeping a provisional list of grantors and representatives helps to see in advance whether a single representative is accumulating too many proxies against the legal limit. If a problem emerges, the owner can be warned in time and asked to redistribute the proxies.
The check at the door, proxy by proxy
At the opening, the attendance sheet becomes the central document. For each person present, note whether they attend in person or by proxy, indicating grantor, representative, unit and thousandths (millesimi). The sum of the millesimi present, in person and by proxy, determines the constitutive quorum.
A simple example: in a building of 1000 millesimi, owners for 480 millesimi attend in person and three proxies arrive for 150, 120 and 90 millesimi. The total represented is 480 plus 360, that is 840 millesimi. Only after validating each proxy are these figures reliable, because a discarded proxy changes both the number of those present and the millesimi.
Common errors to catch
The most common case is a proxy without a signature or with an unidentifiable unit. A correction should be requested or, if impossible, the proxy is not admitted. Another case is a proxy issued by someone who does not hold the voting right for that unit, for example a family member who is not the owner and has no title.
Watch out also for blank proxies, where the name of the representative is missing: they can be completed only by the grantor, not by third parties in the room. Recording the reason for any exclusion protects the administrator in the event of a later dispute over the minutes.
Managing collection with management software
Keeping proxies on paper and recalculating millesimi by hand is the most frequent source of error. With AmministraPro the list of owners entitled to vote, the millesimi per unit and the uploaded proxies are all in the same place, and the total represented updates as attendance and proxies are recorded.
The system flags when a representative approaches the representation limit and keeps track of who delegated to whom, useful for the minutes. The meeting features and the available plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Must the proxy always be written?
Yes. Article 67 of the Implementing Provisions of the Italian Civil Code requires a written proxy. A purely verbal representation does not allow the representative to be admitted to vote and does not contribute to forming the quorum. The form may be delivered by hand, sent by post or transmitted electronically, provided it contains the essential details and the grantor's signature.
Can the administrator receive proxies from owners?
No. Article 67 prohibits the administrator from receiving proxies for participation in the meeting. The prohibition serves to avoid conflicts of interest, since the administrator is the person whose work is often approved or assessed by the meeting itself. A proxy in their favour must be treated as inadmissible.
How many proxies can one person hold?
If the owners are more than twenty, a representative may not represent more than one fifth of the owners and of the proportional value, under Article 67. With twenty or fewer owners, the rule does not set a specific numerical limit. It is best to verify the count before the meeting so the threshold is not exceeded.
Does a generic proxy work for any meeting?
It depends on how it is worded. A proxy may refer to a single meeting or be broader, but it must still be valid and current for the session under way. For clarity, a proxy that states the date or the specific meeting is preferable, so as to avoid doubts about its effectiveness.
What should be done if a proxy is irregular?
A correction should be requested if the defect can be cured, for example a missing signature that the grantor, if present, can add. If the defect cannot be cured, the proxy is not admitted and the representative does not vote for that unit. It is good practice to note in the minutes the reason for the exclusion, so the decision is transparent and verifiable.
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