Legal Framework for Meeting Minutes

The legal landscape for condominium meeting minutes underwent significant changes with the introduction of Law 220/2012. This reform added to the existing provision in Article 1136 of the Civil Code, which mandates the drafting of minutes for assembly meetings to be recorded in a specific register maintained by the administrator. Article 1130 now further stipulates that administrators are responsible for keeping this register, which must include not only the minutes but also any instances of assembly non-constitution, resolutions, and statements made by the condominium owners.

Importance of Timely Dispatch

Despite these detailed requirements, the law does not specify a deadline for sending the minutes to those who attended the meeting. This omission is significant because, according to Article 1137, paragraph 2, of the Civil Code, only absent members have the right to challenge the assembly's decisions within thirty days from the date the minutes are communicated. This right applies solely to voidable resolutions, as null resolutions can be contested without time constraints.

Historical Court Decisions

In a past ruling by the Court of Appeal of Milan (2520/1997), it was determined that a delayed dispatch of the minutes to all condominium owners does not automatically invalidate the resolution, even if the condominium regulations stipulate a ten-day dispatch period post-meeting. However, this decision pertained to a member who was present at the meeting, to whom the administrator is obliged to provide the minutes upon request. The Supreme Court, in its ruling (Cassation 5014/1999), did not address the timing of dispatch but clarified that all activities conducted during the assembly must be documented, even if no resolutions were adopted.

Best Practices for Administrators

In conclusion, there is no justification for delaying the communication of the minutes. To prevent accusations of intentional delay aimed at obstructing the challenge of a voidable resolution, it is advisable for administrators to transcribe the minutes swiftly and send them to the condominium owners well before the thirty-day deadline for impugnation. This proactive approach not only ensures compliance with legal obligations but also fosters transparency and trust among condominium members.

Further Insights

• The role of the administrator in maintaining accurate and timely records.

• The impact of timely communication on condominium governance.

• Legal implications of delayed dispatch of meeting minutes.

  Critical Aspects and Potential Issues

• Lack of a specified deadline for dispatching minutes.

• Potential for disputes arising from delayed communication.

• The balance between administrative duties and legal compliance.

  Common Pitfalls and Errors

• Failing to transcribe minutes promptly.

• Overlooking the importance of timely dispatch.

• Misunderstanding the legal rights of absent members.

  Suggestions and Useful Tips

• Administrators should prioritize the transcription and dispatch of minutes.

• Establish internal deadlines to ensure compliance with legal timeframes.

• Maintain open communication with condominium members to prevent misunderstandings.