Assigning parking spaces in a condominium

Assigning parking spaces in a condominium becomes a problem when the spaces available in the courtyard or common area are not enough for all the owners. In these cases the meeting must find a fair criterion to regulate use, without turning a common asset into an exclusive property. Knowing the limits set by the law and by case law helps to pass valid rules and to avoid challenges.

Parking spaces as a common asset

The courtyard or forecourt area used for parking is normally a common part of the building, which every owner has the right to enjoy. When the spaces are enough for everyone there is no need for regulation. The problem arises when the spaces are fewer than the units: in that case simultaneous use by everyone is impossible and it must be organised, respecting the equal right of each owner over the common asset. The guiding principle is that of the use of the common thing, which allows every participant to use the asset provided he does not alter its purpose and does not prevent the others from making equal use of it. Every regulation of parking spaces turns on this balance.

Rotating use as the main solution

When the spaces are not enough, the most used solution is rotating use. The meeting may regulate the enjoyment of the common asset by establishing a rotation among owners, with a weekly or monthly alternation, so as to guarantee everyone, over time, the chance to use the parking space. Rotation delivers the owners' equal right better than any fixed assignment, because no one is permanently excluded. The criterion also works well where the spaces differ in size or convenience: by alternating the positions over time, any disadvantages are spread among all participants rather than always falling on the same people.

The majorities needed in the meeting

To adopt a regulation of the parking spaces that affects the way the common asset is used, the meeting must resolve with the majority of those present representing at least half of the building's value, that is five hundred thousandths. This is the majority required for acts that regulate the use of the common asset. The resolution must state precisely the criterion adopted, the duration of the turns and any priorities.

Legitimate and illegitimate criteria

Not every criterion is allowed. Here are the fixed points that have emerged from case law.

• Rotating use is the legitimate criterion par excellence when the spaces are not enough.
• Assigning spaces exclusively and for an indefinite time cannot be decided by majority, because it permanently takes the common asset away from the other owners.
• A criterion based on the millesimal shares of ownership to assign spaces is considered illegitimate, because the right over the common courtyard does not depend on the millesimal share.
• Criteria that take account of objective needs are allowed, provided they do not compromise the owners' equal right over time.

When a contractual regulation is needed

Assigning a parking space exclusively and permanently to individual owners is only possible through a contractual regulation, approved with the unanimous consent of all owners or drawn up by the original builder and referred to in the deeds of purchase. Only a contractual title can create an exclusive and stable right over a portion of the common asset. Without unanimity, the meeting may regulate use but cannot grant definitive ownership or exclusive rights. The distinction is sharp and must be kept in mind when resolving: a majority, however large, that purports to assign spaces permanently to individual owners adopts a challengeable decision, because it exceeds the powers the law grants the meeting over the use of the common thing.

The practical management of the turns

Once the criterion is resolved, management requires order: a clear calendar of the turns, communication of the rotations to the owners and recording of any changes. Transparency is what keeps the level of conflict low, because each owner can check when the space is theirs and that the rotation is respected. The minutes of the meetings that change the criteria must also be kept carefully, because they document the decisions taken and the majorities reached. In the event of a dispute it is the documentation, more than the memory of those present, that allows the administrator to prove that the rule in force was approved with the correct quorum.

Managing parking spaces with management software

Condominium management software lets you keep track of the resolutions on the use of parking spaces, the criteria adopted and the communications to owners, so that the rules stay documented and consultable. Storing minutes and communications in one place helps the administrator prove the validity of the decisions and respond to owners' requests.

AmministraPro lets you store minutes, resolutions and communications to owners in an orderly and consultable way, supporting the management of common assets such as parking spaces. You can see how it works on the features page or compare the plans in the pricing section.