Condominium Regulation Fines: Penalties and Behaviour

A condominium can penalise those who break the regulation through fines governed by Article 70 of the implementing provisions of the Italian Civil Code. The rule provides for payment of a sum up to 200 euros and, in case of recidivism, up to 800 euros. It is a useful tool to enforce the rules of coexistence and discourage prohibited behaviour, but its use requires precise conditions of legitimacy, from the regulation clause to a proper resolution of the owners' meeting.

What Article 70 of the implementing provisions says

Article 70 states that for breaches of the condominium regulation a penalty may be set, consisting of payment of a sum up to 200 euros and, in case of recidivism, up to 800 euros. The sum is allocated to the fund the manager has available for ordinary expenses. The amounts are those updated by the condominium reform, which raised the caps compared with the symbolic figures previously set, making the penalty a real deterrent.

The penalty must be provided by the regulation

The condominium fine is not automatic: it can be imposed only if the regulation expressly provides the possibility of penalising breaches. In the absence of a penalty clause, the manager cannot impose fines on their own initiative. It is therefore good practice for the regulation to clearly indicate the prohibited behaviours and the related penalty, so that the condominium's reaction to abuses is lawful and predictable.

The most frequently penalised behaviours

• Failure to respect the rules on the use of parking spaces and common areas
• Disturbing noise and breach of quiet beyond the permitted hours
• Misuse of the waste collection bins and abandonment of bulky items
• Damage or defacement of common parts
• Unlawful occupation of halls, landings and the courtyard
• Breach of the rules on decorum, awnings, signs and facade installations

Who decides and with what majority

The imposition of the penalty is resolved by the owners' meeting with the majorities set by Article 1136, second paragraph, of the Italian Civil Code, that is the favourable vote of the majority of those present representing at least half the value of the building. The manager, as a rule, cannot impose the fine alone, unless the regulation expressly grants this power for specific breaches. The resolution must establish the breach and set the penalty, staying within the legal limits.

Recidivism and the increased amount

The law distinguishes between a first breach and recidivism. For a first breach the penalty can reach up to 200 euros, while in case of recidivism, that is repetition of the same conduct, the cap rises up to 800 euros. Recidivism presupposes that the breach has already been challenged and that the owner repeats it. It is advisable for the resolution to record the previous challenges in order to justify applying the increased amount.

How the fine is challenged and appealed

The penalty must be communicated to the owner with the indication of the breach challenged and the amount. An owner who considers the fine unlawful, for example because it is not provided by the regulation or was adopted without the correct majorities, can challenge the resolution before the judge within the legal time limits. Condominium disputes are subject to mandatory mediation before the action. A well-documented and proportionate challenge reduces the risk of annulment.

The penalty and other remedies

The fine does not exclude the other remedies available to the condominium. To stop an abuse the manager can send formal warnings and, with authorisation, take legal action for removal or compensation. The monetary penalty works as a deterrent and an educational tool, but does not replace the action to restore legality in common areas. The two tools can coexist in a coordinated way.

Tracking breaches and penalties in an orderly way

To apply Article 70 correctly you need a clear history of the challenges, essential above all to prove recidivism. With AmministraPro the manager can record breaches, keep the communications sent and track the penalty resolutions. The available features are described on the /funzioni page, while plans and costs are found on the /prezzi page.