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Practical guide

Any Other Business: What You Can Actually Resolve

The any other business item closes almost every agenda, yet it is also the trap that generates the most challenges. The principle is clear: under any other business you may only handle announcements and informal discussion that require no vote, while any decision involving expense, amendment of the building rules, appointment or removal of the manager, or affecting owners' rights must appear as a specific item in the notice of meeting. Article 66 of the implementing provisions of the Italian Civil Code requires the agenda to state the matters to be discussed, and a resolution adopted on a matter merely swept into any other business is voidable under Article 1137 of the Italian Civil Code. This guide clarifies the practical line between correct use and abuse of the item.

What the any other business item is actually for

The legitimate function of the item is to make room, at the end of the meeting, for communications that were not foreseeable when the notice went out: an update from the manager on a pending matter, an owner's report of a fault, a reminder of a deadline. These are exchanges of information, not decisions.

The test is simple: if, at the end of the discussion, a vote is needed to produce an effect, then that matter could not have belonged under any other business. If instead the discussion is self-contained, binding no one and committing no common funds, the item has done its job correctly.

What can never be resolved under this item

The recurring mistake is to use any other business as a fast lane to push through unannounced decisions, perhaps late in the evening when many owners have already left. This is exactly what the law seeks to prevent, because the absent owner had no chance to decide whether to attend or delegate on that topic.

  • Approval of an expense, ordinary or extraordinary, even a modest amount.
  • Appointment, confirmation or removal of the manager and changes to the manager's fee.
  • Amendment or interpretation of the condominium rules.
  • Resolutions on improvements under Article 1120 of the Italian Civil Code.
  • Cost allocations differing from those already approved or changes to the thousandths (millesimi) tables.
  • Authorisations to start proceedings or to defend claims that bind the condominium.

Why an off-agenda resolution is voidable

When a substantive matter is decided without being stated in the notice, the resolution is not void in the absolute sense but voidable: absent or dissenting owners may challenge it before the court within thirty days under Article 1137 of the Italian Civil Code. The defect lies in the lack of prior information, which prevented informed participation.

The practical consequence is that a decision rushed through under any other business hangs by a thread for a month: anyone with standing can strike it down, with the risk of having to reconvene the meeting, repeat the vote and, in the meantime, block execution of the resolution. An apparent saving of time that turns into a real cost.

How to replace the item with specific points

The most robust solution is to minimise reliance on any other business and turn everything foreseeable into standalone items. If an owner has asked to discuss installing a camera, that topic becomes a dedicated agenda item, stating the subject and, where available, the attached quote.

In day-to-day management, keeping track of owners' requests as they arrive is what allows you to anticipate them in the notice rather than defer them to any other business. A condominium management software such as AmministraPro lets you collect requests, link them to an agenda item and generate a ready-structured notice of meeting, so that any other business truly remains a residual space for communications only. The available features are described on the features page and the plans on the pricing page.

How to minute any other business correctly

Even when the item is used well, the minutes should record that no vote took place: it is useful to write that under any other business informal communications were held with no resolutions. This way, if someone later claims a decision was taken, the text of the minutes contradicts it.

If, during the discussion, the need to resolve something emerges, the correct path is to postpone the decision to a later meeting with that item expressly on the agenda, recording this in the minutes. It is an extra step that protects the validity of everything decided afterwards.

Frequently asked questions

Can a small urgent expense be voted under any other business if no one objects?

No, except in a plenary meeting where all owners are present or represented and none objects to discussing the matter. Absent that condition, even a modest expense decided under any other business is voidable under Article 1137 of the Italian Civil Code, because absent owners could not weigh in advance whether to attend. Genuine emergencies are covered by the manager's powers over urgent expenses.

What is the difference between any other business and a generic agenda item?

Any other business is by definition a non-decisional space, whereas a generic item purports to put something to the vote but is worded too vaguely. Both expose the resolution to annulment: in the first case because the matter was not announced, in the second because the owner could not grasp the real scope of the decision from the notice alone.

Can an owner insist on voting their topic during any other business?

They may raise the topic as a communication, but cannot force a binding vote if it was not on the agenda. The correct route is to ask the manager, before the notice, to add the item: a request by a qualified number of owners obliges the manager to convene the meeting including the stated matters, under Article 66 of the implementing provisions.

What should the minutes say about any other business?

It is best to expressly record that under this item communications and informal discussion took place without any resolution, briefly listing the topics touched on. This wording protects the condominium from future claims that a decision was taken: the minutes document that no vote was cast on those matters.

How can I avoid using any other business for important decisions?

The most effective approach is to collect owners' requests in advance and turn them into specific items of the notice. With a management tool such as AmministraPro you can record requests during the year, link them to an agenda item and produce a complete notice, reserving any other business for residual communications only. More details on the features and pricing pages.

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