Activity Bans in the Regulation: When They Are Valid

The condominium regulation can forbid certain activities in exclusively owned units, for example tourist letting, bed and breakfast or certain commercial activities, but only under precise conditions. The ban is valid only if contained in a contractual regulation, worded clearly and specifically, and enforceable against later buyers. A regulation approved by majority at the meeting does not have this power, because it cannot diminish owners' rights over exclusive properties.

Contractual and meeting regulations

The meeting regulation, approved by majority, governs the use of common parts and the organisation of condominium life. The contractual regulation, instead, is drawn up by the original builder and accepted by buyers in the deeds, or approved unanimously by all owners. Only the latter can affect individuals' rights over exclusive properties, imposing bans or use limits. The distinction is decisive in establishing whether a clause is valid.

Article 1138 of the Italian Civil Code, in its fourth paragraph, confirms that the regulation cannot diminish rights arising from purchase deeds and agreements. This is why a use ban must have a contractual source.

The need for clear wording

Contractual nature is not enough: the clause must be worded clearly and explicitly. Case law interprets limits on property restrictively, because they are an exception to the rule of free enjoyment. A generic and ambiguous ban risks not covering the activity one wants to prevent.

• The ban must specifically name the forbidden activities or uses
• Generic formulas, such as a ban on noisy or annoying activities, cover only what is clearly attributable
• In case of doubt the interpretation favours the owner's freedom
• The ban cannot be extended by analogy to activities not mentioned

Enforceability against later buyers

For the ban to be effective also against those who buy after its introduction, it must be made enforceable. This typically happens through the reference to and acceptance of the regulation in the purchase deeds or through registration in the land registers under Article 2659 of the Italian Civil Code. If the restrictive clause is neither registered nor accepted, an unaware buyer can contest its effectiveness against them.

Which activities can be banned

A contractual regulation can forbid, for example, using flats for anything other than residential purposes, carrying out accommodation or noisy activities, or opening certain commercial businesses. The limits must nonetheless be reasonable and must not entirely empty the right of ownership. Validity is assessed on the concrete content of the clause and on how it was introduced and made enforceable.

How the ban is enforced

When an owner breaches the ban, the manager can warn them and, on the meeting's mandate, take legal steps to obtain the cessation of the conduct. The individual affected owner can in turn act to protect their own rights. It is good practice to document the breach and check in advance the validity and enforceability of the clause, so as not to start actions bound to fail.

• Check that the clause is contractual and clear
• Verify acceptance or registration for enforceability purposes
• Warn the owner who breaches the ban
• Bring any legal action to the meeting

Keeping the regulation always accessible

Correct handling of bans starts with the retrievability of the regulation and of the documents proving its enforceability. With AmministraPro the manager stores the regulation, attachments and minutes in a single searchable space, tracks communications and keeps warnings in an orderly way. The available features are described on the /funzioni page and the plans with their costs on the /prezzi page.