Practical regulations
Managing a change to the condominium regulation
Changing a condominium regulation is never a purely formal step: the type of regulation determines which majority is required and whether the resolution will hold. A contractual regulation, attached to the purchase deeds and signed by all owners, needs unanimous consent to be changed whenever it affects real rights, such as restrictions on the use or purpose of individual units. An assembly regulation, approved by majority under article 1138 of the Italian Civil Code, is instead amended with the same qualified majority required for its original approval. This guide explains how to tell the two cases apart, which majorities apply in the meeting, how to communicate the change to owners, and how to avoid the most common grounds for challenging the resolution.
Assembly versus contractual regulation: the distinction that changes everything
An assembly regulation governs the use of common parts and the functioning of the meeting: it is approved and amended with the ordinary majorities of article 1136 of the Civil Code, meaning the majority of those present representing at least half the value of the building at a second call. A contractual regulation instead originates from a negotiated act, often drafted by the developer or seller and referenced in the purchase deeds of each unit: when it contains clauses limiting owners' rights over their exclusive property, such as restrictions on use, bans on short term rentals, or reciprocal easements, changing it requires the consent of every single owner, not just the assembly majority.
Before convening the meeting it is therefore essential to verify the nature of the clauses to be changed: a resolution that amends a contractual clause with a simple majority can be challenged and annulled by a single dissenting owner, leading to wasted time and legal costs.
The majorities under article 1138 of the Civil Code
Article 1138 establishes that the condominium regulation, mandatory for buildings with more than ten owners, is approved and amended with the majority set out in the second paragraph of article 1136: the majority of those attending representing at least half the value of the building at the first call, or one third of the participants and one third of the building's value at the second call.
- Always check whether the clauses being amended affect real rights or restrictions on exclusive property: in that case unanimity is required, not the ordinary majority
- Include the exact text of the proposed amendments in the meeting agenda, not a generic reference such as 'regulation changes'
- Attach a side by side comparison of the current and proposed articles to the notice, so owners can evaluate it before the meeting
- Record the majority actually reached in the minutes, based on the calculated share of value, not just the number of people present
Communication and transparency toward owners
A well communicated regulation change significantly reduces the risk of challenges. Good practice is to send the draft of the new clauses together with the meeting notice, allowing a reasonable window for written observations, and to record in the minutes any objections raised at the meeting along with the response given. Digital management of communications, with tracked delivery and read confirmation, helps the administrator prove that every owner received the documentation in time, a factor that carries weight if the regularity of the notice is later disputed.
Software such as AmministraPro allows the draft regulation to be attached to the digital meeting notice, tracks read confirmations, and archives the approved minutes together with the consolidated text, so the regulation currently in force remains easy to find for both existing owners and future ones.
After approval: minutes, transcription, and communication to third parties
Once the amendment is approved, the administrator must transcribe it faithfully in the minutes, recording the majority reached, the exact wording of the amended clauses, and any statements of dissent, which are the precondition for a possible challenge within the thirty day period set by article 1137. The updated regulation must then be communicated to all owners, including those absent, and made available to new buyers and tenants through the copy delivered at the time of a lease or sale.
Frequently asked questions
What majority is required to change a condominium regulation?
It depends on the type of regulation and the clause involved. For an assembly regulation, the majority under article 1136, second paragraph, of the Civil Code applies: at the first call, the majority of those attending representing at least half the value of the building; at the second call, one third of the participants and one third of the value. If instead the amendment concerns contractual clauses, such as restrictions on rights over exclusive property contained in a regulation attached to the purchase deeds, unanimous consent from all owners is required, and the assembly majority alone is not sufficient.
What happens if an owner disagrees with an approved amendment?
A dissenting or absent owner may challenge the resolution before a court within thirty days of receiving the minutes, under article 1137 of the Civil Code, if they believe the resolution was approved without the correct majority or affects rights that would have required unanimity. Until the court rules, the resolution remains valid and effective: a challenge does not automatically suspend its effects unless an interim suspension is requested and granted.
Is a condominium regulation always mandatory?
A condominium regulation is mandatory when the building has more than ten owners, as set out in article 1138 of the Civil Code. In buildings with fewer owners the regulation remains optional, though it can still be adopted if the meeting considers it useful to govern the use of common parts, the hours for shared spaces, or expense allocation criteria not already fixed by law.
In practice, how do you tell a contractual regulation apart from an assembly one?
A contractual regulation is generally attached to the first purchase deed of the units, drafted by the developer or seller, and expressly referenced in each subsequent owner's notarial deed, which confirms its negotiated nature. An assembly regulation, by contrast, is approved directly by the owners' meeting through a resolution, without having been imposed by an originating deed. When in doubt, it is advisable to check the purchase deeds of the units and the condominium's founding document before proceeding with an amendment.
Can the administrator propose a regulation change on their own?
The administrator can flag to the meeting the need to update the regulation, for example to adapt it to new condominium needs or regulatory changes, but cannot amend it independently: the decision always rests with the meeting under the required majority. A good administrator prepares the draft amendments, attaches them to the notice with a detailed agenda, and verifies that the documentation reached every owner with enough advance notice, reducing the risk of disputes over the regularity of the notice.
Try AmministraPro
Accounting, thousandths-based cost splitting, meetings, communications and artificial intelligence in a single Italian software, compliant with UNI 10801 and GDPR.