Can you be replaced by someone else in the condominium assembly?
The speech by Corrado Sforza Fogliani, president of the Confedilizia Study Center, on the possibility of delegating someone else to participate in the condominium assembly
A recurring question in the condominium context concerns the possibility of prohibiting a condominium from being represented in the assembly.
To answer, it must be premised that the matter is regulated by the new art. 67 avail. att. cod. civ. – rule defined as mandatory by the following art. 72 – which in particular, in the first paragraph, expressly provides that "each condominium can attend the meeting also by means of a representative", also specifying that, "if the condominiums are more than twenty, the delegate can no longer represent of a fifth of the condominiums and the proportional value ".
It follows from the foregoing, then, that a condominium cannot be prohibited from delegating someone else to participate in the assembly in his stead. And this even if the prohibition in question is contained in a regulation of contractual origin.
However, it should be noted that according to the jurisprudence formed in relation to the previous text of the aforementioned art. 67, a condominium regulation (including assembly regulations) may well limit the number of proxies that a single condominium can bear in the assembly (Cass. Sent. N. 853 of 28.3.'73 and, more recently, Cass. Sent . no. 5315 of 29.5.'98). And since it is a conclusion that – due to its general nature – can be considered valid even after the reform, the consequence of all this is that the right to be represented in the assembly, if it cannot be excluded, can still be considered subject to regulation.
Naturally, if the condominiums are more than twenty and the regulation provides for a higher limit than that provided by law (therefore not limiting itself to regulating the matter within the individual boundaries by the legislator, but exceeding these boundaries), the rule will apply. according to which – as we have seen – “the delegate cannot represent more than one fifth of the condominiums and of the proportional value”.
This is a machine translation from Italian language of a post published on Start Magazine at the URL https://www.startmag.it/economia/si-puo-essere-sostituiti-da-qualcun-altro-in-assemblea-condominiale/ on Sat, 01 Oct 2022 05:28:45 +0000.