Clause Banning Short-Term Lets: When It Is Valid

A condominium can ban short-term lets only through a regulation clause that is contractual in nature, approved unanimously or accepted by every owner in their own purchase deed, and worded in a clear and specific way. According to the prevailing case law, a generic clause banning nuisance activities or requiring a residential use is not enough to prevent tourist rentals, which remain a form of residential enjoyment of the property.

Why a contractual clause is required

The right to rent out one's unit is a power that flows from ownership. Compressing it means limiting a real right over the individual's exclusive property. For this reason a simple assembly-approved regulation, adopted by majority under Article 1138 of the Italian Civil Code, cannot introduce a ban on tourist letting: the majority of owners has no power to affect the enjoyment of other people's private property.

What is needed instead is a regulation of contractual nature, that is, drafted by the builder and accepted in each deed of sale, or approved unanimously by the owners' meeting. Only in this form can clauses create genuine real burdens or reciprocal obligations that limit the use of private units.

The clause must be clear and specific

Contractual nature alone is not enough: the clause must state precisely what it prohibits. Case law has repeatedly held that limits on an owner's powers must be construed restrictively and must appear in unambiguous terms. A formula such as ban on uses that cause disturbance does not allow a tourist rental to be prohibited in itself, because such a rental is not in itself a nuisance activity.

• Valid clauses: express ban on using units for tourist letting, holiday homes, short-term rentals or hospitality activity
• Insufficient clauses: generic obligation of residential use, ban on noisy or nuisance activities, ban on commercial activities
• Void clauses: bans introduced by an assembly regulation approved by simple majority

Tourist letting and hotel activity are not the same

A distinction is needed. Pure tourist letting, without personal services, remains a contract for the enjoyment of the property and does not change its residential purpose. Different is the case of structured hospitality activities, such as a bed and breakfast or a guesthouse, which involve the supply of services and a flow of people comparable to a business: here even a clause banning hotel activities or commercial use may apply, provided it is contractual and sufficiently defined.

The role of the national identification code and public duties

The administrative obligations laid down for tourist rentals, such as the national identification code, do not affect the validity of the condominium clause: they are separate levels. Compliance with public duties does not automatically make lawful what a contractual regulation prohibits, just as a condominium clause does not replace duties owed to the authorities. The manager and owners must reason separately on the two fronts.

What the manager can do

Faced with a contested short-term let, the manager must first check the nature of the clause relied on and whether it was registered or accepted in the deeds. If the clause is contractual, clear and enforceable against the owner, the manager can serve a formal notice and, failing compliance, act with the meeting's authorisation to enforce it. If instead it is generic or assembly-based, the ban risks being declared ineffective in court.

Keeping regulation clauses, tables and correspondence with owners under control is easier with a tidy digital archive. With AmministraPro the manager stores the regulation and related deeds, manages traceable notices and communications, and has the history of each unit at hand: the features are described on the /funzioni page, while plans and costs are on /prezzi.