Unlawful Occupation of Common Areas: Limits and Remedies

Unlawful occupation of common areas is a classic source of friction in a condominium: bicycles left in the hall, shoe racks on the landing, furniture and planters invading the courtyard. Article 1102 of the Italian Civil Code allows each owner to use common property, but sets two firm limits: not altering its purpose and not preventing others from making equal use of it. When individual use becomes exclusive and permanent, it turns into an abuse that the condominium can stop.

The principle of Article 1102 of the Italian Civil Code

Each participant may use the common property provided they do not alter its purpose and do not prevent the other owners from making equal use of it according to their right. An individual may therefore use the courtyard, the hall or the landing, but always in a way compatible with the enjoyment of others. More intensive use is allowed only as long as it remains temporary and does not permanently deprive others of the ability to use the property in the same way.

More intensive use and exclusive use: where the line lies

Case law distinguishes between more intensive use, which is allowed, and exclusive use, which is prohibited. Temporarily leaving a bicycle in the hall may fall within the first case; permanently installing a personal rack that occupies a portion of the courtyard belongs to the second. The decisive test is whether the occupation durably takes the space away from the other owners, preventing their equal use.

The most frequent occupations

• Shoe racks, cabinets and wardrobes on the landing or in front of the home's door
• Bicycles, scooters and prams permanently left in the hall or under the stairs
• Planters, garden furniture and structures in the common courtyard
• Storage of materials, bulky waste or personal objects in common areas
• Fences or boundaries that in effect reserve an area for a single owner

The constraint of fire safety and escape routes

Beyond the civil law aspect, occupying stairs, halls and landings can breach safety rules. Escape routes must remain free of obstacles to allow evacuation in an emergency. Bulky objects that reduce the passage width or flammable materials stored in common corridors can lead to liability and sanctions, regardless of the consent of the other owners.

The role of the manager

Under Article 1130 of the Italian Civil Code the manager must govern the use of common property and ensure compliance with the regulation. Faced with an unlawful occupation, the manager can formally warn the owner to remove the objects, citing the legal and regulatory rules. If the abuse persists, the manager can be authorised by the owners' meeting to take legal action for removal and restoration of the premises.

What the owners' meeting can decide

The owners' meeting can adopt a regulation of use that governs the use of common areas in an orderly way, for example identifying areas for storing bicycles or banning obstruction of landings. It cannot, however, permanently grant a single owner exclusive use of a common area without the consent of all, because that would affect property rights. Rules of use apply to everyone and must be reasonable and non-discriminatory.

Remedies for persistent abuse

If the owner does not voluntarily remove the objects, the condominium or the affected individual can act to obtain removal and compensation for any damage. As this is a condominium dispute, mediation must be attempted before the action. Photographic documentation of the occupation and of the warnings sent strengthens the position of the party acting and speeds up the solution.

Managing warnings and reports in an orderly way

Keeping track of reports, warnings and replies is essential to handle unlawful occupations with balance. With AmministraPro the manager can record communications, attach photographs and keep the history of actions on each common area. The features are described on the /funzioni page, while plans and costs are found on the /prezzi page.