Short-Term Rentals in a Condominium: Rules and Limits

As a rule, the owner of a flat may use it for short-term letting, meaning contracts of less than thirty days for tourist or transitory purposes. This right stems from the power to enjoy and dispose of one's own real estate unit. The condominium cannot forbid it through a simple owners' meeting resolution: to introduce a limit a clear clause in a contractual regulation, accepted by the owners, is required. Bans on noise nuisance and on activities that alter the building's use remain enforceable.

Why the meeting alone is not enough

Article 1138 of the Italian Civil Code, in its fourth paragraph, provides that the condominium regulation cannot diminish the rights of each owner arising from purchase deeds and agreements. A regulation approved by majority at the meeting governs the use of common parts and the organisation of condominium life, but it cannot compress the way an individual uses their exclusive property. Banning short-term letting directly affects an owner's power, so a majority vote is not sufficient.

The ban is lawful only if contained in a contractual regulation, that is, drawn up by the original builder and referenced in purchase deeds, or approved unanimously by all owners. In the latter case every owner knowingly accepts the limitation of their own enjoyment.

How the clause must be worded

A generic reference is not enough. Case law requires the ban to be expressed clearly and explicitly, leaving no room for interpretation. A clause that generically forbids commercial activities does not automatically cover tourist letting, because a short-term rental remains a contract for the enjoyment of the property, not necessarily a business activity.

• The ban must specifically name the prohibited use, for example tourist letting or accommodation activity
• It must appear in the contractual regulation attached to or referenced in the purchase deed
• To be enforceable against later buyers, registration in the land registers or express acceptance in the deed is advisable
• An ambiguous clause is interpreted restrictively, that is, in favour of the owner's freedom

What the condominium can always control

Even without a ban, the condominium keeps protective tools. If the flow of guests generates intolerable nuisance, noise beyond normal tolerability or a use of common parts exceeding what is allowed to others, the manager and owners can act. Article 844 of the Italian Civil Code governs nuisance, while Article 1102 sets limits on the use of common parts: no owner may alter their intended use or prevent equal use by the others.

The condominium may also require compliance with the accessory-charges tables and correct participation in expenses. The more intense use of lift, stairs, cleaning and lighting typical of a unit with frequent turnover does not change the allocation criteria, which remain anchored to thousandths (millesimi) unless otherwise agreed.

The national identification code and the activity's duties

Anyone offering units for short-term or tourist letting must obtain a national identification code, an identifier assigned to the property unit that must be displayed in listings and stated in communications. This is accompanied by duties on plant safety and on reporting guest data to public security authorities. These obligations fall on the landlord, not on the condominium, but they affect how the activity is carried out within the building.

One must also consider the tourist tax where the municipality has introduced it and the tax regime of the flat-rate scheme for short lets. These are tax matters that do not concern the manager, but owners should be aware of them to avoid disputes over the use of the flat.

The manager's role

The manager neither authorises nor forbids short-term letting, but oversees compliance with the regulation and the rules on common parts. They can warn an owner who behaves contrary to the contractual regulation, convene the meeting to resolve any action and, in the most serious cases, take legal steps on the meeting's mandate. It is good practice to inform owners transparently, without turning every rental into a conflict.

• Check whether a contractual regulation with specific and enforceable bans exists
• Distinguish between lawful enjoyment of the property and conduct that harms common parts or other owners
• Document noise and disturbances with concrete evidence before making a complaint
• Bring to the meeting decisions that require a collective mandate

Managing transparency among owners

Clear knowledge of the regulation prevents most disputes. With a management platform like AmministraPro the manager can store the regulation and the tables in a single, searchable space, track communications with owners and handle any warnings and minutes in an orderly way. The available features are described on the /funzioni page and the plans with their costs on the /prezzi page.