Storing Items in the Courtyard: What the Regulation Bans

A condominium regulation can ban permanently leaving bikes, furniture, materials or other items in the courtyard and common areas: a clause of this kind is usually valid because it does not compress exclusive property but governs the use of the common thing to protect the equal right of all owners. Even without a clause, Article 1102 of the Italian Civil Code prohibits any use that prevents others from making equal use of the common asset according to their right.

Use of the common thing and its limits

The courtyard is, as a rule, a common part under Article 1117 of the Italian Civil Code. Every owner can use it, but within two limits: not altering its purpose and not preventing the others from equal use. Permanently occupying a portion of courtyard with one's own items takes space away from the others and turns an equal use into a de facto exclusive use, which the law does not allow without everyone's consent.

Why the clause is normally valid

Unlike bans that affect private units, the rule on courtyard use concerns a common asset and coexistence among owners. For this reason it can also be contained in an assembly regulation approved by majority under Article 1138 of the Italian Civil Code, as well as in a contractual one. A clause banning storage and permanent occupation reinforces and specifies the principle already contained in Article 1102, making a challenge easier.

• Valid clause: ban on permanently storing items, materials or vehicles in the common areas
• Permitted use: transit, temporary stopping and loading and unloading, unless otherwise provided
• General limit: no use may prevent the others from equal enjoyment of the courtyard

Temporary storage and permanent occupation

One must distinguish momentary use from permanent occupation. Leaving a parcel or a bike for a few minutes while in transit falls within normal use. Different is placing furniture, bulky planters, stacks of materials or fixed structures permanently: here the equal-use limit is exceeded and a challengeable breach may arise even without an express clause.

Safety and escape routes

Storing items in common areas is not only a matter of decorum and equal use: it can create safety problems, obstructing passages, entrance halls and escape routes. The manager, within their duties to preserve the common parts under Article 1130 of the Italian Civil Code, must act to remove obstructions that compromise safety, prompting those responsible and, if necessary, compliance measures.

How the manager acts

Faced with an unlawful occupation, the manager serves notice on the owner to clear the space, citing the breached clause or the reference to Article 1102. If they do nothing, with the meeting's authorisation the manager can act to have it removed. If the regulation provides a penalty, the meeting can resolve it under Article 70 of the implementing provisions of the Italian Civil Code. Documenting the obstruction and its duration with photos is useful for evidence.

Recording reports, notices and photos of the state of the premises in a single archive makes actions on common areas more effective. With AmministraPro the manager handles owners' reports, sends traceable communications and keeps the regulation always available: the features are described on the /funzioni page and the plans on /prezzi.