On the subject of condominiums, one of the most delicate aspects concerns participation in the condominium assembly, a key moment for the management and maintenance of the common areas.
In particular, doubts often arise regarding the participation of tenants: can they participate? Do they have the right to vote? And what responsibility does the absence entail?
The law offers specific clarifications that deserve to be explored to ensure the correct conduct of meetings and the protection of all those involved.
Tenant's right to participate
According to law 392/78, in the second paragraph of the art. 10, tenants are granted the right to participate in condominium meetings.
Article 10.
Participation of the tenant in the condominiums' meetingThe tenant has the right to vote, in place of the owner of the apartment rented to him, in the resolutions of the condominium assembly relating to the expenses and methods of management of the heating and air conditioning services.
He also has the right to intervene, without the right to vote, on resolutions relating to the modification of other common services.
The regulations referred to in the first paragraph apply even if it is a non-condominium building.
In this case the tenants meet in a special meeting convened by the owner of the building or by at least three tenants.
The provisions of the civil code on the assembly of condominiums are observed, to the extent applicable.
In particular, they can intervene in those discussions that concern the common parts of the building, such as external areas, stairs, elevators and other infrastructures used by all residents. This right is fundamental, considering that tenants pay ordinary expenses, which include most of the expense items relating to the common areas.
Although participation is guaranteed, the right to vote remains limited.
Tenants cannot vote on most condominium issues, except those involving essential services such as heating and air conditioning. This exception is particularly relevant during times when significant changes or maintenance to these systems are being discussed, times when the tenant's opinion can have a direct impact on their daily well-being.
The possibility of delegation of the owner
In some circumstances, the tenant can participate in the meeting with the right to vote if expressly delegated by the owner. This delegation must be formalized through a written communication that gives the tenant the ability to vote on specific matters in the absence of the owner.
This option represents a significant extension of the tenant's rights and allows for more active representation in condominium decisions.
The role of the administrator in the meeting
The condominium administrator plays a crucial role in managing communications and notices relating to meetings. However, by law, he is not required to directly summon tenants to condominium meetings.
Its communication obligation extends exclusively to property owners, who in turn have the responsibility to inform tenants on matters of interest to them, especially those that directly influence the conditions of habitability and the expenses charged to them.
Consequences of non-participation
Those who choose not to participate in condominium meetings expose themselves to various consequences. The decisions made during the meeting are binding even for those absent, including tenants who did not participate or were not adequately informed. This means that they may have to accept decisions that they do not agree with or that could have a significant economic impact on their monthly budget.
Furthermore, absent co-owners have the right to challenge the resolutions of the assembly, but only if these were adopted in violation of the law or condominium regulations. The deadline for this appeal is thirty days from notification of the minutes of the meetinga period of time that requires a rapid reaction in the event of disputes.
Failure to participate involves an implicit renunciation of the right to influence decisions that may have long-term effects on the management of the condominium and the quality of life within the building.
For example, decisions relating to extraordinary maintenance work or changes in the management policies of common areas can proceed without the consent of those who do not participate, still imposing the related expenses and obligations on all condominium owners.
Conclusion
Participating in condominium meetings is a right and, at the same time, a civic duty that directly affects the management and collective well-being within a condominium.
For tenants, being informed and present, or appropriately represented, means having the opportunity to express their opinions and protect their interests, especially for those decisions that directly impact their housing conditions and the expenses they pay.
On the other hand, owners have a responsibility to ensure that tenants are adequately informed and represented, contributing to transparent and inclusive management of the condominium.
