Rotational Use of Common Parts in a Condominium

When a common asset cannot be enjoyed by all owners at the same time, the equal use guaranteed by Article 1102 of the Italian Civil Code can be achieved through rotation. This is the case of insufficient parking spaces, a courtyard that cannot hold every vehicle, or a common room serving several uses. Rotational use is not a limitation of the right but the way the legal system makes equal use of a scarce resource compatible. The owners' meeting sets it, through a use policy that respects the criteria of proportionality and non-discrimination.

The equal use of Article 1102 when the resource is scarce

Article 1102 grants each participant the right to use the common asset, provided they do not alter its intended purpose and do not prevent the others from using it equally. Equal use, however, does not mean simultaneous use. When the common asset, by its nature or size, does not let everyone enjoy it together, each person's right is satisfied through a time-based arrangement. Rotation stems precisely from this: ensuring everyone the same chance of enjoyment distributed over time, rather than letting first-come prevail.

When rotational use is the right solution

Rotation is appropriate whenever simultaneous use is physically impossible and the interested owners outnumber the available spaces or spots. The most common examples concern parking in the shared courtyard, use of a multipurpose room, and access to an equipped area. Rotation assumes the asset stays in common use and that no owner acquires permanent exclusive use: the turn assigns enjoyment for set periods, then the asset becomes available again for the next owner according to the established rotation.

• Parking spaces in the shared courtyard fewer than the number of units.
• A common room usable by only one household at a time.
• Temporary stopping areas for loading and unloading.
• Equipped areas not usable simultaneously for safety or capacity reasons.

Who decides the rotation and with what majorities

Regulating the use of common assets falls within the powers of the owners' meeting, which governs the ways of enjoyment without affecting ownership rights. A policy limited to organizing use, setting turns, duration and rotation, is of an assembly nature and is adopted with the ordinary majorities provided by Article 1136. It is different when one wants to affect owners' individual rights or permanently reserve portions of the asset: in those cases a majority is not enough, because a genuine limitation of the co-ownership right requires the consent of those affected or a contractual provision accepted by everyone.

The criteria of a lawful turn

For rotation to withstand challenges it must respect certain principles. It must be equal, that is grant each person an equivalent share of enjoyment, typically proportionate to the number of units rather than to thousandths (millesimi), since it concerns use and not expense. It must be non-discriminatory, without arbitrarily favoring some owners. It must be workable, with clear rules on duration, hours, rotation criteria and handling of absences. A policy that always assigns the best turns to a group, or that effectively excludes someone from enjoyment, is challengeable because it betrays the very purpose of equal use.

Rotation and more intensive use: two levels not to confuse

Rotational use must not be confused with more intensive use of the common asset. More intensive use is the individual's power to draw greater utility from the asset, within the limit of the others' equal use, without needing authorization. Rotation, instead, is a collective rule that organizes the enjoyment of a scarce resource among several right-holders. In the first case the owner acts alone within the limits of Article 1102; in the second the meeting distributes over time an enjoyment that could not be simultaneous. Distinguishing the two levels avoids demanding authorizations where none are needed and self-authorizing what belongs to the assembly policy.

How to put turns in writing and enforce them

Rotation works only if it is written, communicated and verifiable. The use policy must be recorded in the minutes, attached to the meeting minutes and made known to all owners, with precise indication of the periods, the rotation and the consequences of a breach. Practical management benefits from a tool that tracks the assigned turns, sends reminders and keeps the history, so as to prevent the conflicts that arise when someone occupies the spot beyond their turn.

With management software such as AmministraPro the manager can store use policies, communicate turns to owners and archive the meeting minutes that establish them, keeping everything traceable and accessible. You can learn more on the features page and evaluate the plans in the pricing section.