Practical guide
Legal requirements for a videoconference owners' meeting
A condominium owners' meeting may be held by videoconference even if the building regulations do not provide for it, as long as there is the consent of the majority of the owners. The legal basis is the last paragraph of Article 66 of the implementing provisions of the Italian Civil Code, introduced by Decree-Law 104/2020 and converted by Law 126/2020. The requirements to meet concern three distinct moments: prior consent to the electronic format, a valid notice indicating the platform, and the guarantee that every participant can be identified, heard and can cast a vote. Once these conditions are met, the electronic resolution has the same value as one taken in person.
The legal basis: Article 66 of the implementing provisions
The option to hold the meeting by videoconference was added to the last paragraph of Article 66 of the implementing provisions of the Italian Civil Code. The rule states that, even if the building regulations do not expressly provide for it, owners may take part in the meeting by videoconference with the consent of the majority of the owners.
The provision was introduced by Decree-Law of 14 August 2020 no. 104, converted with amendments by Law of 13 October 2020 no. 126. Since then, videoconference is no longer an emergency practice but an ordinary way of holding the meeting, usable at any time.
The legislator uses the word consent, not resolution: a double majority of heads and thousandths (millesimi), as required to approve decisions, is therefore not needed, but rather an agreement of the majority of owners on the choice of the electronic format.
- Source: Article 66, last paragraph, implementing provisions
- Introduced by Decree-Law 104/2020, converted by Law 126/2020
- The consent of the majority of owners is required
- No clause in the building regulations is needed
Consent to the electronic format
The first requirement is consent to the videoconference format. The most prudent practice is to gather it before the notice is sent, so that the notice can already state that the meeting will be held remotely. Consent may be given in writing, including by email or a dedicated form, and must be kept on file.
Alternatively, when the building regulations already contain a clause allowing videoconference, the manager may call the meeting directly in electronic form without collecting consent each time. This is a useful simplification for condominiums that hold frequent meetings.
The notice: what it must indicate
The notice for an electronic meeting follows the same rules as an in-person one under Article 66 of the implementing provisions: notice to all entitled parties at least five days before the date set for the first call, indicating the agenda, place and time.
To the agenda and the usual information you add the name of the platform used and instructions on how to connect. It is good practice to attach the access link or send it well in advance, together with a contact for support for anyone facing technical difficulties.
- Notice at least five days before the first call
- A clear and specific agenda
- Name of the platform and connection instructions
- A support contact for technical problems
Validity requirements during the session
For the resolution to be valid, the remote session must ensure the same principles as an in-person one. Every participant must be identified with certainty, must be able to follow and take part in the discussion in real time, and must be able to cast a recognizable vote.
The chair and the secretary keep their roles in the electronic session too: the chair leads the proceedings and checks the quorum, the secretary drafts the minutes. Continuity of audio and video is essential: if an owner loses the connection at a decisive moment, this must be recorded in the minutes.
The constitutive and deliberative quorums set out in Article 1136 of the Italian Civil Code remain unchanged. Videoconference only changes the way of taking part, not the majorities needed to approve decisions.
The minutes of the electronic meeting
The minutes are drafted by the secretary and signed by the chair. In the case of videoconference they must then be transmitted to the manager and to all owners with the same formalities provided for the notice of call, so that even those who did not take part become aware of them.
In the minutes it is advisable to record the electronic format, the platform used, the list of those connected with their respective thousandths (millesimi), any connection problems and how each person's vote was ascertained.
How AmministraPro supports remote meetings
Managing the legal requirements of an electronic meeting is easier with tools that keep notice, consent gathering, quorum checking and minute-taking together in a single flow. AmministraPro guides the manager through every step, from sending notices to recording votes and transmitting the minutes.
The features dedicated to meetings are described on the /funzioni page, while plans and costs are available on the /prezzi page.
Frequently asked questions
Do you need a clause in the regulations to hold a videoconference meeting?
No. Article 66 of the implementing provisions allows videoconference even if the regulations do not provide for it, as long as there is the consent of the majority of owners. A clause in the regulations is useful because it simplifies future meetings, but it is not a necessary condition.
What majority is needed to decide to use videoconference?
The rule requires the consent of the majority of owners to the electronic format. This is not the double majority of heads and thousandths required for resolutions: it is an agreement on the choice of medium, which is best collected in writing before the notice and kept on file.
Do the quorums to approve resolutions change for a remote meeting?
No. The constitutive and deliberative quorums of Article 1136 of the Italian Civil Code stay identical. Videoconference only changes the way of participating and voting, not the majorities needed to validate the meeting's decisions.
How are the minutes of an electronic meeting transmitted?
The minutes, drafted by the secretary and signed by the chair, must be transmitted to the manager and to all owners with the same formalities provided for the notice of call. This way even those who did not take part are informed of the decisions taken.
Does the notice for a videoconference meeting have different deadlines?
No, the deadlines are the same. The notice must be sent to all entitled parties at least five days before the date set for the first call. To the notice you only add the indication of the platform and the instructions to connect.
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