The president of the condominium assembly he is a key figure in the management of condominium life. Elected by the condominiums during the assembly, the president has the task of guiding and moderating the discussions, ensuring the correct conduct of the meetings according to current regulations and the condominium regulations. His main responsibility is to facilitate the decision-making process, ensuring that each member of the assembly has the opportunity to express himself and that voting takes place in an orderly and transparent manner.
What does the president of a condominium meeting do?
The president of the condominium assembly plays a crucial role in the management and organization of condominium dynamics. There are no specific requirements to fill the role of president of the condominium assembly, although it is essential that the person chosen has adequate knowledge of the condominium regulations and relevant laws. It is also essential that he has good communication and mediation skills, given the need to manage the often complex relationships between condominium owners.
The figure of the president of the condominium assembly should not be confused with that of the administrator who, however, is a professional figure responsible for managing the daily activities of the condominium and carrying out the decisions made by the condominium assembly. His responsibilities are broader and include:
- manage the condominium’s finances, including collecting condominium fees and managing expenses;
- take care of the maintenance of the common parts of the building, organizing repairs and ordinary or extraordinary maintenance;
- ensure compliance with the condominium regulations and current laws;
- represent the condominium in relations with third parties, including suppliers and authorities;
- convene the condominiums’ meeting at least once a year and on other occasions if necessary.
While the president of the condominium assembly has a role mainly linked to the conduct of the meetings, the condominium administrator carries out continuous management and administrative functions, being responsible for the daily functioning of the condominium.
What does the president of the condominium meeting risk?
The president of the condominium assembly, although not having administrative management duties of the condominium, plays a crucial role in regulation of interactions between condominium owners during meetings. His main responsibility is to ensure that meetings are conducted in an orderly manner and in compliance with current legal and regulatory standards, managing the agenda and voting procedures. Although he is not directly involved in the financial management or maintenance of the building, the president has to deal with specific legal responsibilities and potential risks.
First of all, the president is required to summon meetings regularly, respecting the terms and methods established by the condominium regulations and by law. Any negligence at this stage could invalidate the decisions made during the meeting, exposing the condominium to legal disputes. During the assembly, its task is to facilitate fair discussion, allowing all participants to freely express their opinions, and to effectively manage any conflicts, ensuring that decisions are made in a democratic and transparent way.
Another critical aspect concerns the drafting of the meeting minutes, document summarizing the discussions and decisions made. Errors or omissions in the minutes can not only cause misunderstandings between condominium owners, but also legal complications relating to the execution of meeting decisions. Furthermore, the president must verify the legitimacy of the participation of those present in the meeting, checking that all participants have the right to vote, in order to avoid disputes.
How is the condominium president appointed?
The president of the assembly is elected directly by the condominium owners during the first meeting of the assembly itself, generally the ordinary annual one. He does not necessarily have to be a condominium owner, but can also be an outsider, as long as those present believe that he has the necessary skills to carry out the role.
The election procedure begins with submission of applications, which can be proposed by any condominium owner participating in the meeting. Subsequently, we proceed to the vote. To be elected, the candidate must receive the simple majority of votescalculated according to thousandths owned by each participant in the vote.
Once elected, the president oversees all meetings until expiration of his mandate, which usually coincides with an annual duration. At the end of this period he can be confirmed or replaced through a new electoral process.
What happens if the president does not want to sign the meeting minutes?
If the president of the condominium assembly he refuses to sign the minutes of the meeting, this situation can create legal and administrative complications for the condominium. The minutes are an official document that summarizes the decisions made at the meeting, including the results of votes and relevant discussions. The president’s signature confirms the truthfulness and accuracy of the contents of the minutes, making it a legitimate document in the eyes of the law.
If your signature is rejected, you can take some steps to resolve the situation:
- dialogue and mediation: initially, a conciliatory approach can be attempted, trying to understand the reasons for the president’s refusal and trying to find a shared solution that can satisfy all interested parties.
- reapproval of the minutes with amendments: the meeting may decide to reconvene to review and, if necessary, modify the minutes so that they accurately reflect what was discussed and decided, specifically addressing the concerns that led to the refusal of the signature.
- replacement of the president: if the president persists in his refusal and there are no legal issues that imply the validity of the document, another member of the assembly, typically the secretary or another condominium owner elected during the assembly, can sign the minutes in place of the president.
