The Common Courtyard in an Italian Condominio: Use, Parking and Maintenance

The common courtyard in a condominio is one of the most frequently used outdoor areas of the building, and precisely for that reason one of the most contested: foot traffic, car parking, children playing, bicycles and stored tools often compete for the same limited space. Article 1117 of the Italian Civil Code lists the courtyard among the presumed common parts, unless the property title states otherwise, and this presumption drives clear rules on use, limits and how maintenance costs are shared.

The courtyard as a presumed common part

When an open area serves the whole building, for light, air, access or general enjoyment, it is presumed common under Article 1117, unless a different title exists. That presumption can only be rebutted by a written document, for example the original deed by the developer reserving the courtyard to a specific unit or designating it as an exclusive appurtenance. Absent such a title, every owner has the right to use the entire courtyard, provided the intended purpose is not altered and other owners retain equal use, under the general rule of Article 1102.

Use of the courtyard under Article 1102

Article 1102 of the Civil Code allows every owner to make use of a common asset, subject to two clear limits: the intended purpose cannot be altered, and other participants must retain the ability to make equal use of it. Applied to the courtyard, this means an owner cannot permanently occupy it with private structures, fences, gazebos or storage without the assembly's consent, since that would effectively remove the space from everyone else.

Parking in the common courtyard

The most sensitive issue is car parking. Absent specific rules in the regulation or an assembly resolution, the courtyard can be used for parking by all owners under the principle of equal use, but when available spots are fewer than the number of units, an objective criterion is needed so that de facto occupation does not become an unshared exclusive right.

• Periodic rotation among the units requesting a spot
• Assignment of numbered spots through an assembly resolution
• A ban on permanently occupying more than one spot per unit
• Rules on timing and maneuvering so that passage is not obstructed

A resolution that regulates courtyard parking, as long as it does not grant permanent exclusive rights without unanimous consent, falls within the assembly's powers under the ordinary majorities set out in Article 1136.

Restrictions in the condominium regulation

The condominium regulation, particularly if it is of a contractual nature, can contain stricter limitations than those set by the Civil Code: an outright ban on parking in the courtyard, reserving certain areas for foot traffic, a ban on storing bulky items, quiet hours for children playing. Such clauses are valid if approved through the procedure required for that type of regulation, and registered when they limit real property rights, but they cannot ban use of the common asset to the point of making it effectively impossible for an owner.

Courtyard maintenance and cost sharing

Maintenance costs for the common courtyard, such as paving, lighting, periodic cleaning and upkeep of any greenery, are shared among all owners according to their general ownership shares, unless the courtyard serves only a group of units, in which case the criterion in Article 1123, paragraph 3, on assets serving part of the building differently applies.

If specific systems exist in the courtyard, such as an automatic gate or dedicated lighting points, the related running costs normally follow the same general criterion, unless the regulation or the installation resolution states otherwise.

Damages and liability

As a common part, the courtyard falls under the condominium's liability as custodian under Article 2051 of the Civil Code: potholes, uneven surfaces, poorly closed manholes or damaged paving that cause harm to people or property can trigger the condominium's liability, unless it proves an unforeseeable event. It is therefore advisable for the property manager to schedule periodic inspections and act promptly on potential hazards, also to limit the risk of disputes.

The property manager's role

In the day-to-day management of the common courtyard, the property manager plays a central role: enforcing the regulation, mediating between conflicting requests from owners, bringing parking proposals to the assembly, and scheduling routine maintenance. Transparent management, with clear resolutions and timely communication, significantly reduces conflict over a space that, by nature, is shared by every resident of the building. A platform like AmministraPro helps the property manager keep track of courtyard resolutions, scheduled maintenance work and communications to owners: the dedicated document management and scheduling tools are described on the features page, and the plans available for firms of every size can be found on the pricing page.