Contractual and Assembly Condominium Regulations in Italy: The Differences

Contractual and assembly condominium regulations are two profoundly different tools, even though both govern the shared life of a building. Telling them apart correctly is essential for administrators and owners alike, because this distinction determines the limits that can be placed on individual ownership and the majorities required to introduce or amend condominium rules.

Assembly regulations: origin and limits

Assembly regulations are approved by the owners' assembly with the majorities set out in article 1136 of the Civil Code, and are mandatory when there are more than ten owners. This type of regulation governs the use of common parts, the allocation of expenses according to statutory criteria and the functioning of condominium bodies, but it cannot restrict the exclusive property rights of individual owners, because it arises from a majority decision rather than from the unanimous consent of everyone entitled.

In other words, assembly regulations can state how the shared courtyard is used or how staircase cleaning costs are split, but they cannot, for example, ban keeping pets in one's own apartment or impose restrictions on the use of a private unit that go beyond what the law already provides.

Contractual regulations: origin and binding force

Contractual regulations, by contrast, arise from the consent of all the owners, typically because they were drafted by the developer or the original seller and expressly accepted by each buyer in the sale deeds, or because they were later approved unanimously by all the condominium participants. Precisely because they rest on everyone's consent, contractual regulations can contain more incisive clauses, capable of limiting the use of exclusive properties, such as a ban on using apartments for noisy commercial activities or a ban on short term tourist rentals.

The contractual nature of these clauses requires that they be written clearly and, to be enforceable against future buyers as well, that the regulations be registered in the property records or at least referenced in the deeds transferring ownership.

How to recognize the nature of a regulation

The name given to the document is not enough to establish its nature: a regulation labeled as contractual but approved only by a later majority vote, without the consent of every owner, remains in substance an assembly regulation as far as clauses limiting ownership are concerned. It is therefore necessary to check in practice how and by whom it was approved, rather than stopping at the document's heading.

This check is particularly relevant when discussing the validity of clauses that restrict the use of individual units, because a clause that limits an owner's freedom, to be effective, must stem from a genuinely contractual act, meaning one accepted by everyone to whom it applies.

The majorities required to amend each type of regulation

The majorities needed to amend the regulations follow the same logic as their origin. Assembly regulations can be amended with the ordinary majorities set for their approval, typically the majority of those present representing at least half the value of the building. Contractual regulations, on the other hand, in the part containing clauses that limit individual rights, can only be amended with the consent of every owner, because no majority, however large, can affect a right that was individually accepted by each owner.

• Assembly regulations arise by majority vote and cannot limit exclusive ownership
• Contractual regulations arise from everyone's consent and can limit the use of units
• The nature of a regulation must be verified in substance, not just by its title
• Amending restrictive contractual clauses requires unanimous consent of the owners
• Registration makes contractual clauses enforceable against future buyers

Practical consequences for the administrator

It is essential for the condominium administrator to know which type of regulation is in place, because this affects the legitimacy of assembly resolutions intended to amend it and the ability to enforce certain clauses against owners or tenants. Properly registered contractual regulations are a solid tool for governing delicate situations, such as restrictions on the use of units, while confusing the nature of the document exposes the condominium to disputes and challenges.

Correctly managing condominium regulations, distinguishing assembly clauses from contractual ones and keeping track of their approvals, is much easier with dedicated software support. AmministraPro offers administrators tools designed to organize condominium documentation and resolutions clearly, as described on the features page, with the different plans set out in the pricing section.