How To
Managing courtyard maintenance costs
The courtyard is a common part under article 1117 of the Italian Civil Code, and its maintenance, from paving repairs to drainage and lighting, is one of the most frequent sources of disputes in an assembly. The core question is always the same: who pays, and how much. The answer depends on whether the courtyard serves everyone equally or whether some units use it more intensively, for instance as a driveway or parking access. This guide explains the legal basis for allocation, how to collect and compare quotes, what a resolution needs to contain to be valid, and how to keep the accounting transparent so no owner can later contest the charge. Software such as AmministraPro helps an administrator apply the right allocation table and keep every quote and resolution linked to the expense entry.
Why the courtyard is a common part and who decides on its maintenance
Under article 1117 of the Civil Code, the courtyard is presumed to be a common part of the building unless the deed of first sale states otherwise. Ordinary maintenance, such as cleaning drains, minor paving patches or replacing a light fixture, is approved by the assembly with the majority set out in article 1136, second paragraph. Extraordinary maintenance, such as full re-paving, waterproofing or structural repair of the courtyard slab, generally needs a qualifying majority and, above certain amounts, the administrator must present at least three comparative quotes before the assembly votes.
If the courtyard is used exclusively by some owners, for example as access to garages that only a subset of units possess, this must be verified against the deed of first sale: an exclusive right of use does not automatically shift the maintenance burden away from the whole building unless the deed or an existing regulation says so explicitly.
How to allocate the expense: millesimi and actual use
The default rule under article 1123 of the Civil Code is that common part expenses are split according to the millesimi di proprietà, the ownership shares proportional to the value of each unit. This is the correct table for a courtyard used equally by everyone, for instance as a shared passage or green area.
When the courtyard is used unevenly, article 1123, second paragraph, allows a different allocation proportional to actual use: units with private garages accessed only through that courtyard, or ground floor units with a private gate onto it, may reasonably bear a larger share. This distinction must be decided and recorded by the assembly, ideally with a specific allocation table approved and kept in the condominium records, otherwise the default millesimi apply and any deviation can be challenged.
Quotes, resolution and the paper trail
Before voting, the administrator should collect written quotes describing the exact scope of work: type of paving, drainage work if any, materials, warranty terms and timeline. Comparing at least three quotes protects the administrator from liability and gives owners a real basis to decide, rather than approving a generic budget figure.
The resolution minutes should state clearly: the work approved, the chosen contractor and price, the allocation criterion used (millesimi or actual use), the payment schedule if the cost is split across installments, and the deadline for owners to pay their share. Keeping the quote, the resolution and the invoice linked to the same expense entry in the accounting makes the year end rendiconto easy to verify and reduces disputes at the next assembly.
Recording the expense correctly in the rendiconto
Courtyard maintenance should appear in the rendiconto condominiale as a distinct line item, not merged into a generic maintenance category, so owners can see the amount, the contractor and the allocation table applied. If the expense is extraordinary and significant, many administrators open a dedicated sub ledger so the cost is fully traceable across the fiscal year, including any advance payments requested from owners.
Using a management platform like AmministraPro to record the quote, the approved resolution and the allocation table on the same expense keeps the whole file consistent: every owner can check their share, the criterion applied, and the payment status without asking the administrator for a separate reconstruction.
Frequently asked questions
Can the administrator order courtyard repairs without an assembly resolution?
Only for urgent repairs needed to prevent damage to persons or things, under article 1135 of the Civil Code, and the administrator must report the intervention to the next assembly. For ordinary or extraordinary maintenance that is not urgent, a prior resolution is required, with the majority appropriate to the type of work and, above the relevant thresholds, at least three comparative quotes.
If only some owners use the courtyard as a driveway, do they pay everything?
Not automatically. The default criterion is the millesimi di proprietà unless the deed of first sale or a valid resolution establishes a different allocation proportional to actual use, as allowed by article 1123, second paragraph. Without a documented criterion, the standard millesimi table applies to all owners.
How many quotes are needed before approving the work?
The Civil Code requires at least three comparative quotes for extraordinary maintenance above a certain expense threshold, so the assembly can compare price, scope and contractor before voting. Even when not strictly mandatory, collecting multiple quotes protects the administrator and gives owners a clearer basis for the decision.
Can an owner contest the allocation of the courtyard expense after work is completed?
Yes, within the timeframe set by article 1137 of the Civil Code for challenging an assembly resolution, if the owner believes the allocation criterion applied was not correctly justified or documented. This is why recording the criterion, the quotes and the resolution together, as AmministraPro allows within the expense record, matters for defending the decision later.
Does courtyard paving fall under ordinary or extraordinary maintenance?
Minor patching and routine upkeep are ordinary maintenance, approved with a simple majority under article 1136. Full re-paving, waterproofing work or structural repair of the slab is generally extraordinary maintenance, requiring a qualifying majority and, above certain amounts, comparative quotes presented to the assembly before the vote.
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