Rotating parking spaces in a condominium: rules and votes

When a condominium has fewer parking spaces in the courtyard or common area than there are units, the owners' meeting can regulate their use on a rotating basis. Rotation is the criterion that guarantees each owner an equal enjoyment over time of a common asset that is not enough for everyone. It rests on the meeting's power to regulate the use of common property under Articles 1102, 1105 and 1106 of the Italian Civil Code, and does not require touching the common ownership of the area.

Why rotation is needed

Courtyards and open areas used for parking are, as a rule, among the common parts listed in Article 1117 of the Italian Civil Code. Under Article 1102, each owner may use them provided they do not alter their intended purpose and do not prevent the other owners from making equal use of them. The problem arises when the marked spaces are numerically fewer than the owners: free and disorderly use would reward whoever arrives first and penalize the others, breaching the very principle of equal use.

The ordinary solution is a usage rules document that distributes the availability of the spaces over time, for example with monthly or quarterly rotation, or by pairing each space with several units that take turns according to a schedule. This way the asset remains common, but its enjoyment is organized so that everyone benefits to an equivalent degree.

Who decides and with what majority

Rotation is a way of managing use, not an innovation or a change of intended purpose. It therefore falls within decisions on the management of common property. Approving a usage rules document that governs rotating enjoyment requires the majority of those present representing at least half the value of the building, under Article 1136, second paragraph, of the Italian Civil Code, which applies to the meeting's ordinary management decisions.

It is a different matter if the aim is to assign the spaces permanently and definitively to individual owners, removing them from the others: that is no longer a simple regulation of use but affects individual rights over the common asset and requires the consent of all interested owners. Rotation, precisely because it is temporary and equal, takes nobody's right away but simply orders it over time.

What the usage rules must provide

A good rotation set of rules must be clear, verifiable and non-discriminatory. It helps if it specifies the following elements precisely:

• the number of available spaces and their graphic identification on an attached site plan
• the rotation criterion, for example an initial draw and periodic shifting, with the duration of each turn
• the list of units admitted to the rotation, with possible exclusion of anyone who already has an exclusively owned garage or space
• the rules for guests, two-wheeled vehicles and loading or unloading stops
• the consequences of out-of-turn occupation, such as a formal notice from the administrator and restoration of the rotation order

The site plan and the turn schedule are the most delicate part: without a document that precisely records who is entitled to the space and when, disputes become inevitable. The administrator should keep the schedule up to date and make it available to all owners.

Reserved spaces and special situations

Rotation can coexist with reserving one or more spaces for specific needs, for example a space equipped for people with disabilities or an area for emergency vehicles. These reservations must also be voted by the meeting and included in the usage rules, balancing accessibility needs with the other owners' right to equal enjoyment of the remainder.

The rotation of common spaces must also be distinguished from exclusively owned or appurtenant parking spaces, which belong to individual units and do not enter the rotation. If some spaces are common and some are private, the rules must keep the two categories separate to avoid confusion and overlap.

Managing turns without disputes

The best way to prevent quarrels is transparency: a visible schedule, timely notice of turn changes and orderly tracking of assignments. Many administrators today use digital tools to notify owners of the start of their turn and to store site plans, resolutions and schedules in a single place that everyone can consult.

AmministraPro helps manage exactly this kind of shared communication and documents, with automatic notifications to owners and archiving of rules and site plans. You can see the available features on the /funzioni page and evaluate the plan best suited to your firm on the /prezzi page.