Parking in the Condominium Courtyard: Rules and Rotation

Few condominium issues generate as much daily friction as courtyard parking: when the available spaces fall short of the number of cars owned by residents, cohabitation risks turning into a race to arrive first or a contest over who occupies a spot most permanently. Understanding the civil law rules governing courtyard use helps property managers and owners avoid conflict and build shared solutions.

The courtyard is common property by definition

The condominium courtyard falls among the common parts listed in Article 1117 of the Civil Code, unless the deed of ownership assigns it exclusively to a single owner or expressly excludes it from shared ownership. Being common property, its use is governed by Article 1102, which allows each owner to use it, provided they do not alter its intended purpose and do not prevent other owners from making similar use of it.

This principle is the key to understanding why no owner can, in practice, permanently appropriate a portion of the courtyard to park their car there indefinitely, even if they have done so for years without anyone objecting: prolonged use does not automatically turn a de facto use into an exclusive right, except in special cases tied to adverse possession, which in any event requires strict conditions that are difficult to prove in a condominium setting.

The ban on permanent occupation

When the parking spaces available in the courtyard are fewer than the number of residents' cars, the general rule is a rotational use, meaning use that alternates over time among all those entitled to it, so that no one can lock in a permanent advantage over the others. Permanent occupation of an area of the courtyard, perhaps marked with paint, a chain, or another physical marker by a single owner, violates the principle of equal use and can be challenged by the other co-owners, even after a long time has passed.

When there is insufficient space for everyone, there is no automatic priority right tied, for example, to who arrives first in the evening or to how close an apartment is to the entrance: it is up to the assembly, through a specific resolution, to set a fair criterion that applies to everyone.

How assembly-decided rotation works

The condominium assembly can approve rules governing courtyard use that regulate the rotation of parking spots, for example weekly or monthly rotation, or by assigning time slots, criteria that should be adapted to the building's specific characteristics and the number of vehicles involved. A resolution of this kind falls within ordinary administration and generally requires the majorities set for managing common parts.

It is important that the rotation rules be written clearly, posted in a visible location, and formally communicated to all owners, so they can be enforced even against those who did not attend the assembly where they were approved, without prejudice to the right of any owner who considers the resolution harmful to their rights to challenge it within the legal deadlines.

Fixed spot assignment: when it is possible

In some condominiums, especially newer developments, courtyard parking spots are already permanently assigned to specific units from the purchase deed, or are exclusive appurtenances recorded in the notarial deeds. In these cases the rotation principle does not apply, because the exclusive right of use derives from the title of ownership, not from mere condominium practice. Before any assembly decision on the courtyard, it is therefore essential to check each unit's title of ownership to determine whether pre-existing exclusive rights need to be respected.

When the courtyard is instead common to everyone with no specific assignments, the assembly can still consider, with the unanimous consent of the owners involved, fixed spot assignment solutions if this supports more orderly management, provided the decision is not imposed by majority vote against those who do not consent.

Clear, shared usage rules turn the courtyard from a source of daily friction into a resource managed fairly for all owners.

The property manager's role in parking management

The property manager is responsible for enforcing assembly resolutions on courtyard use and for acting promptly upon receiving reports of unauthorized occupation or violations of the agreed rotation, including through formal communications to the non-compliant owner. In case of persistent violation, the manager can bring the matter back before the assembly or suggest that the affected owners take legal action to protect their right of use. Organized handling of reports, approved rules, and communications to owners is essential to address these situations effectively: AmministraPro provides property managers with tools built exactly for this, as described on the features page, with plans available in the pricing section based on the firm's needs.