The proxy in the condominium assembly is a fundamental tool to ensure the participation in decisions of all condominium members, even those who cannot be present. However, there are very specific limits, established both by law and by condominium regulations, to prevent a single individual from collecting too many proxies and excessively influencing decisions.
Knowing how many votes can be represented and what the consequences are for exceeding the limits is crucial to maintaining transparent and correct management of the condominium.
What are the rules governing delegation in a condominium meeting? And what happens if a delegate has more votes than allowed?
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The rules on delegations in condominium meetings
According to Article 67 of the Implementation Provisions of the Civil Codein condominiums with more than 20 participants, each delegate cannot represent more than a fifth of the condominiums and of the proportional value.
This constraint is designed to avoid excessive concentrations of power in the hands of a few individuals and to ensure a balance in assembly decisions.
Furthermore, the condominium regulations may introduce further restrictions on the number of proxies that each condominium owner may hold. It is therefore important that each participant in the meetings knows and respects what is established by both the legislation and the internal regulations, in order to avoid the annulment of decisions taken in the meeting due to defects in form.
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The consequences of over-delegating
If a condominium owner or a delegate holds a number of proxies greater than that permitted by the regulation or by law, the decisions taken during the meeting may be challenged. In this case, a single condominium owner may contest the validity of the vote, requesting the cancellation of the approved resolutions.
It is important to underline that the appeal must take place within 30 days of the meetingas provided for by the Civil Code, since after this deadline the decisions become final.
Another important aspect is that, in case of violation of the rules regarding delegations, not only can the single vote be annulled, but the entire assembly could be invalidated, with consequent delays and complications in the condominium’s activities.
It is for this reason that the correct management of delegations represents a crucial element for the proper functioning of condominium life.
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The importance of condominium regulations in managing delegations
The condominium regulations play a central role in the management of delegations. Although there are general rules established by the Civil Code, the internal regulations can introduce additional specifications, such as the reduction of the maximum number of delegations that a single condominium owner can collect.
This customization of condominium rules allows for more appropriate management of the needs of each condominium and helps prevent abuse.
In many cases, the bylaws may provide not only numerical limits, but also specific methods for the delivery of proxies, establishing, for example, that these must be given in written form and deposited with the administrator before the start of the meeting.
In this way, transparency is guaranteed and delegations are prevented from being used improperly.
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Case law and annulment of resolutions for abuse of delegation
Case law has consolidated, through numerous sentences, fundamental principles regarding the abuse of proxies in condominium meetings. In particular, judges have repeatedly confirmed that exceeding the limits imposed by the condominium regulations, or by legislative provisions, is sufficient reason for the annulment of resolutions.
These cancellations can occur when it is demonstrated that the concentration of power in the hands of a few delegates has compromised the principle of balance and representation.
A key example is represented by a ruling of the Cassation (n. 6695/2015), which emphasizes that, if a delegate has collected a number of proxies greater than that permitted, the decisions taken during the meeting are to be considered potentially null. This is because incorrect management of proxies undermines the correctness of the decision-making process, creating an evident disparity between the condominium owners.
Another emblematic case occurred with a ruling of Court of Rome (No. 22896/2017), which confirmed the annulment of a resolution in which a delegate had control of 25% of the votes. The Court found that exceeding the limit imposed by the internal regulations violated the principles of equal participation, excessively influencing condominium decisions.
These examples demonstrate how the courts are rigorous in ensuring correctness in assembly dynamics. Not only do they protect the rights of individual condominium owners, but they also ensure that condominium management occurs in compliance with the law and regulations, avoiding excessive concentrations of power.
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Conclusion
In conclusion, the management of proxies in condominiums is a crucial issue to ensure the correctness of assembly decisions. The law and condominium regulations impose very precise limits on the number of proxies that a single condominium owner can hold, with the aim of avoiding abuse and maintaining a balance of representation.
Furthermore, case law has consolidated the principle that exceeding these limits can lead to the annulment of resolutions, protecting the rights of all condominium members and ensuring democratic management of the condominium. It is therefore essential that each participant is well informed about the rules in force to avoid unpleasant legal consequences.
