The Italian condominium regulations: when they are mandatory and what they can govern

The condominium regulations are the set of rules that govern shared life within a building: the use of common parts, the allocation of expenses and the protection of the building's decorum. They are not always mandatory, but they become necessary above a certain number of owners. Knowing when they are required, what they can provide and what limits they face helps distinguish valid clauses from those that cannot be imposed.

When the condominium regulations are mandatory

Article 1138 of the Italian Civil Code states that, when there are more than ten owners, regulations must be drawn up. Below this threshold their adoption is optional: the building can operate on the basis of the rules of the Civil Code and of the meeting's resolutions. Once the threshold is passed, however, any owner can take the initiative to draw up the regulations and, in case of inaction, apply to the judicial authority.

The obligation, however, is not backed by a direct penalty, and the absence of regulations does not paralyse the life of the condominium, which continues to be governed by the rules of law. In practice the regulations remain a strongly recommended tool in any building of a certain size, because they reduce sources of conflict and make the management of expenses and common spaces predictable.

What the regulations can govern

Under article 1138 the regulations contain the rules on the use of common things, on the allocation of expenses according to the rights and duties of each owner, on management arrangements and on the protection of the building's decorum. In practice they govern the aspects of shared living that the Civil Code leaves to the condominium to determine.

• The use of common parts: entrance halls, stairs, courtyards, the lift, green spaces.
• The criteria for allocating expenses among owners.
• The rules for ordinary management and for organising common services.
• The rules protecting architectural decorum and quiet enjoyment.

The limits of meeting-approved regulations

The regulations may never diminish the rights that each owner derives from the deeds of purchase and from agreements. Article 1138 also lists mandatory provisions that the regulations cannot breach. An important principle is that the regulations cannot prohibit owning or keeping domestic animals: a provision to that effect is considered invalid.

Meeting-approved and contractual regulations

Two types of regulations must be distinguished. Meeting-approved regulations are adopted by the owners' meeting with the majority set by article 1136 and can govern the use of common things and the organisation of services. Contractual regulations, by contrast, are accepted by all owners, usually at the time of purchase, and are the only ones that can affect individual rights, for example by limiting the use of privately owned units.

The difference matters in practice: a clause that limits how apartments may be used or bans certain activities is valid only if it is contained in regulations of a contractual nature, accepted by everyone, and cannot be introduced by majority vote. To be enforceable against later buyers, the contractual clause must appear in transcribed deeds or be referred to in the sale contracts, so as to bind future owners too and not only the original signatories.

How they are approved and amended

Meeting-approved regulations are adopted and amended with the majority set by article 1136 for these resolutions. Clauses of a contractual nature, by contrast, usually require the consent of all owners to be amended, precisely because they affect individual rights. Before amending a clause it is therefore essential to understand which of the two categories it belongs to, because an amendment adopted with the wrong majority is challengeable and risks being declared invalid.

An aspect often overlooked concerns the thousandth (millesimal) tables attached to the regulations. Their correction or amendment, when it is a matter of correcting an error or adapting them to changed conditions of the building, follows its own rules and does not necessarily require unanimity: distinguishing the status of the tables from that of contractual clauses avoids blocking legitimate updates.

Penalties for violations

The regulations may provide for financial penalties against anyone who breaches their provisions. The maximum amount is set by law, with a higher figure for repeated breaches. The sums collected as penalties are allocated to the condominium's common purposes. Imposing the penalties falls to the administrator, in compliance with what the regulations provide.

Managing regulations and allocations with software

The regulations set the criteria for allocating expenses, but applying them consistently year after year requires order and coherence. Condominium management software makes it possible to keep the regulations among the documents always accessible to owners and to apply uniformly the tables and allocation criteria they set out. AmministraPro keeps the regulations, the thousandth (millesimal) tables and the allocation of expenses together, so that the criteria established stay consistent in the accounts. You can see how it works on the features page or compare the plans in the pricing section.