The condominium assembly
L’condominium meeting is a collegiate body that meets periodically to discuss some issues relating to the life of condominium and to make decisions related to them. The condominiums are usually summoned by the‘administrator which establishes what the agenda will be.
When the condominium assembly is called, compliance with two conditions.
In fact, the assembly must first of all be validly constituted on first and second call. Furthermore, for the resolution to be valid, it is necessary to comply with certain majorities according to the different types of decisions to be made.
If the aforementioned requirements do not exist, the resolution results actionable.
Let’s look at the issue in more detail.
Condominium meeting requirements
As we have anticipated, the regular conduct of the meeting is determined by the achievement of a certain number of participants; a validity requirement is required in relation to the constitution of the assembly and a requirement of validity of the resolution which will be subsequently adopted.
It is therefore necessary that a whose constitutive it’s a whose deliberative.
The convening of the assembly
The first step to take is certainly the convocation of condominiums.
All entitled parties must be duly summoned.
We remind you that the assembly is convened by the administrator annually for the approval of the condominium report and to ensure compliance with the condominium regulations.
According to the law, the meeting can be called twice with different majorities for its constitution.
Usually the first constitution goes deserted as higher majorities are required which are not normally reached.
On the basis of the provisions of the civil code, the shareholders’ meeting in first call it is duly constituted with the intervention of many condominiums representing the two-thirds of value of the entire building and the majority of participants to the condo.
The article 1136 of the Italian Civil Code requires two different constitutive quorums for calling the shareholders’ meeting on first and second call.
The same article of the code states that if the shareholders’ meeting on first call cannot deliberate due to lack of quorum a second call will follow.
Quorum for the second call
The condominium assembly is considered validly constituted on second call if there is the presence of one third of the participants to the condominium and if there is at least one third of the value of the building according to thousandth tables.
The shareholders’ meeting in second call resolves on a day following the first and in any case no later than 10 days.
The constitutive quorum must necessarily be reached in order to start the meeting and vote on the items on the agenda. In the absence of these numbers, the assembly must be postponed.
You will have to refer to the thousandth value ownership of the condominiums and the number of those present, elements to be considered in order to start the assembly.
The task of ascertaining the presence of the necessary requisites belongs to the President of the assembly who must take into account the thousandths and the number of condominiums present.
Il whose constitutive coincides with the quorum and indicates the minimum necessary number of people who must be present for the meeting to be validly constituted.
Il whose deliberative indicates the minimum number necessary for a decision to be approved with the favorable consent of the participants.
Quorum for deliberation and simple majority
As is the case for constitutive quorums, which vary according to whether it is a first or second call, the same distinction must be made for decision-making quorums.
In the first call, the resolutions approved with a number of votes representing the majority of those present and at least the half the value of the building.
In second call the resolution is valid if approved by majority of those present with a number of votes that represents at least one third of the value of the building.
The majorities listed above are considered to be simple majorities.
Distinction must be made between the simple majorities and majorities qualifiedwhich differ according to the subjects to be approved.
Simple majority: when it’s needed
Simple majority serves to be able to make all those decisions concerning the ordinary management of the condo.
In particular, these are:
- measures of ordinary maintenance relating to the common parts of the building;
- approval of the estimate of the annual expenses and the final report of the condominium which are drawn up by the administrator and subjected to the examination of the condominiums. The regulatory references are numbers 2 and 3 of article 1135 of the civil code;
- modalities with which to use the active residues of the management, referred to in number 3 of article 1135 of the civil code.
Qualified majority: what decisions?
The qualified majority it is envisaged in two different forms on the basis of the provisions of article 1136 of the civil code and on the basis of the topics being voted on. For some decisions even unanimity may be required.
Qualified majority is required for:
- Appointment, revocation and confirmation of the director;
- reconstruction of the building and extraordinary repairs of considerable magnitude;
- interventions for the modification of the intended use of the building;
- elimination of architectural barriers;
- interventions to improve the safety and health of the building and systems;
- interventions aimed at improving energy saving;
- installation of video surveillance systems.
In this case, the favorable vote of the majority of those presentwhich represent at least the half the value of the building.
Qualified majority condominiums for other interventions
The types of majorities indicated above are not the only ones required under the provisions of the civil code. For example, different majorities are required for other interventions.
It is about:
- Innovations referred to in Article 1120 of the Italian Civil Code, first paragraph;
- interventions referred to in article 1122 bis of the civil code
In this case, the favorable vote of the majority of those presentwhich represent i two thirds of the thousandths owned by the building.
Validity of the condominium assembly: when is unanimity necessary?
As anticipated, there are situations in which the vote is requiredunanimity.
The entire condominium team must agree; the unanimous vote of the participating condominiums is not enough. It is about:
- changes to the thousandth tables;
- changes to the condominium regulations;
- sale of common parts to a single owner;
When can a shareholders’ resolution be challenged?
When it is possible challenge a resolution assembly?
If the counting of the votes, and therefore the calculation of the majority, has not been done correctly according to the legal criteria provided for in reference to the type of decision to be taken, the resolution is not valid.
It can also happen, as we have seen, that the assembly is not validly constituted. In both cases we are in the presence of a resolution that can be challenged.
Source: LAVORINCASA.it by www.lavorincasa.it.
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