It happens more often than you might think: due to a sudden commitment or a late notice, you are unable to attend the condominium meeting. A few days later, you receive the minutes and discover that outrageous expenses or regulation changes you disagree with have been approved.
What can you do? The law protects you, but the deadlines are very tight, and the procedures allow no room for error.
1. The "Race Against Time": The 30-Day Deadline
If you were present at the meeting (and voted against the motion or abstained), the 30 days to challenge the decision start from the date of the meeting. However, if you were absent, the rule changes in your favor:
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The clock starts upon receipt: The 30-day period begins from the moment you officially receive the minutes (via registered mail, certified email/PEC, or hand delivery).
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Warning: If you let this month pass, the resolution becomes final and valid in all respects, even if it contained technical errors.
2. Grounds for Challenge: Non-compliance and Formal Defects
You cannot challenge a resolution simply because you "don't like" the decision. You must prove there was a legal defect. The most common cases for an absent owner are:
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Lack of Notice: You did not receive the meeting notice at least 5 days before the scheduled date.
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Incomplete Agenda: A decision was made on a matter that was not listed in the invitation you received.
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Lack of Quorum: The assembly passed a resolution without reaching the legal number of "millesimi" (property shares) required for that specific type of expense.
3. The Mandatory Step: Mediation
In 2026, you cannot go directly to court for a condominium dispute. The law mandates an attempt at Mediation:
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The Meeting: Together with your lawyer, you will meet the administrator and a third-party mediator to seek an amicable agreement.
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Suspension of Deadlines: Filing the mediation request "freezes" the 30-day countdown, preventing your right to challenge from expiring while you seek a settlement.
4. What to Check as Soon as You Receive the Minutes
If you were not present, perform these three checks immediately:
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Date of Receipt: Mark the exact day you collected the registered mail on your calendar.
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Millesimi Calculation: Verify that the majority calculation is correct (the minutes must list the names of those who voted for and against).
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Consistency: Does the decision made correspond to what was announced in the meeting notice?
The Domus Sicilia Advice: Never wait until the last day. If the minutes contain decisions that heavily impact your property value or your finances, act within the first two weeks. A correctly challenged resolution can cancel illegitimate payment obligations.
Domus Sicilia Immobiliare | Dimore e Terreni
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