Use of Common Property: An Owner's Rights and Limits

Every owner has the right to use the common parts of the building, such as the courtyard, the stairs, the entrance hall, the roof or the flat roof terrace. This right is governed by Article 1102 of the Italian Civil Code, which sets two precise limits: the intended purpose of the common thing may not be altered, and other owners may not be prevented from making equal use of it. Within these boundaries an individual may even draw greater benefit from the common part, but never turn a shared use into an exclusive one to their own advantage.

The principle of equal use

The core of Article 1102 is equal use. Each participant may use the common thing provided they allow the others to keep using it according to their right. This does not mean that everyone must use the common part at the same time and to the same extent: it means that one person's use must not eliminate or appreciably compress the others' possibility of use. Occasionally parking in the common courtyard, for example, is different from permanently occupying a space that in practice prevents others from parking.

The ban on altering the intended purpose

The second limit concerns the intended purpose of the common thing, that is the function it is assigned. A courtyard intended for passage and light cannot be turned into a permanent storage area; a perimeter wall serves a supporting and boundary function. An owner may use the common part in new and more intensive ways, provided they are consistent with the original function. The intended purpose can be inferred from the deeds, from the condominium regulation or from the natural function of the property.

More intensive use is lawful

Case law recognises that use of the common thing may also be more intensive than that of the other owners, as long as the two limits are respected. Frequent examples of more intensive use, assessed case by case, include:

• installing a sign or a flue on the common wall, if it does not impair the wall's function or others' use;
• running pipes or cables through the common parts to serve one's own unit;
• opening a passage in the common wall to connect two owned units, if it does not compromise stability;
• using the courtyard for occasional loading and unloading operations.

The limits set by the regulation

Beyond the legal limits, the use of common parts may be governed by the condominium regulation. A regulation of a contractual nature, accepted by all owners or referred to in the purchase deeds, may impose further restrictions, for example banning certain activities in the courtyard or common spaces. A regulation approved by the meeting by majority may instead lay down rules of use and orderly enjoyment, but it cannot compress the individual property rights over the common parts.

Common use and rotating use

When a common part is not sufficient to meet everyone's needs at the same time, as often happens with parking spaces in the courtyard, the meeting may organise a rotating or regulated use, so as to guarantee each owner a fair use over time. This is an organisational method that gives effect to the principle of equal use: no one is excluded, but access to the scarce resource is distributed according to objective and non-discriminatory criteria.

What to do in case of abuse

If an owner uses the common part in a way that alters its purpose or prevents others from using it, the other participants or the administrator may demand that the conduct cease and that the premises be restored. Within their powers, the administrator ensures compliance with the regulation and may act to protect the common parts. Keeping orderly records of regulations, resolutions and reports is essential to manage these conflicts transparently. AmministraPro lets the administrator store regulations, minutes and communications in a single searchable space and manage owners' reports in a tracked way: you can see the available tools at /funzioni and the plans at /prezzi.