Penalties for Breaches of Condominium Regulations

Condominium regulations may set financial penalties for anyone who breaches their rules. The legal basis is Article 70 of the implementing provisions of the Italian Civil Code, amended by Law 220/2012: the penalty can reach up to 200 euros and, for a repeat offence, up to 800 euros. It is not a fine the condominium manager can impose alone, however: it requires an express clause in the regulations and a resolution of the owners' meeting passed with the majority required by Article 1136, second paragraph.

What Article 70 of the implementing provisions says

The rule states that, for breaches of the regulations, the regulations themselves may require payment of a sum. The current wording results from the 2012 condominium reform, which raised the amounts compared to the old, purely symbolic figure. The purpose is to give the condominium a concrete tool to enforce the rules of communal living without having to go to court every time.

The essential precondition is that the power to penalise exists only if the regulations provide for it. If the regulations are silent, the meeting cannot invent a penalty: at most it can formally warn the owner and, in serious cases, seek a court order to stop the conduct. The penalty clause must therefore be clearly written into the regulations.

The amounts: up to 200 euros, repeat offence up to 800

Article 70 sets two ceilings. For a single breach the sum cannot exceed 200 euros. In the case of a repeat offence, meaning the same conduct is repeated after a first challenge, the ceiling rises to 800 euros. These are maximum limits: the meeting may set the amount below that threshold, but never above it. A clause providing for higher figures would be invalid as to the excess.

• First breach: penalty up to 200 euros
• Repeat offence: penalty up to 800 euros
• The figures are maximum ceilings, not fixed amounts
• Sums collected go to the fund for ordinary expenses

Who resolves the penalty and with which majority

The penalty is imposed by the owners' meeting, not by the condominium manager alone. Article 70 refers to the majority required by Article 1136, second paragraph, of the Italian Civil Code, namely a majority of those present representing at least half the value of the building (500 thousandths, or millesimi). The manager plays an investigative role: he ascertains the facts, puts them on the agenda, executes the resolution and handles collection, but the decision is collective.

It is good practice for the minutes to record the specific breach, the date and the circumstances. A generic resolution with no supporting evidence risks being annulled if the owner challenges it under Article 1137. Documentary precision is the condominium's first line of defence.

Which breaches can be penalised

Only breaches of rules actually contained in the regulations can be penalised. Typical cases include prohibited uses of common areas, failure to observe quiet hours, dumping waste in shared spaces, improper occupation of courtyards or entrance halls, and installing structures that conflict with the architectural decorum where the regulations govern it. What the regulations do not forbid cannot be penalised: a penalty always presupposes a clear written rule.

The regulatory penalty must be kept distinct from compensation for damage. If the conduct caused actual harm, the condominium or the individual may also claim compensation in court: these are different, cumulative remedies with independent requirements.

How to challenge and how to collect

An owner who considers the penalty unfair may challenge the resolution before the court within the time limits of Article 1137, namely within thirty days (running from the resolution for dissenting or abstaining owners who were present, and from notification of the minutes for absent owners). As for collection, the penalty flows into ordinary management: the manager charges it and, if unpaid, recovers it with the tools provided for condominium contributions, including the injunction order under Article 63 of the implementing provisions once the position is definitively established.

Where the money goes and practical limits

Sums collected as penalties are allocated to the fund available to the manager for ordinary expenses, for the benefit of the whole condominium community. In practice the tool is little used, both because it needs an express regulatory clause and because of the difficulty of proving the breach. That is precisely why a well-drafted set of regulations, with a clear catalogue of prohibited behaviour and a defined procedure, makes the penalty genuinely enforceable.

Managing challenges, minutes and charges in a traceable way is easier with dedicated management software. With AmministraPro the manager records breaches, links the resolution to the owner's account and follows collection without losing documents: the features are described on the /funzioni page, while plans and costs are on /prezzi.