Managing a condominium with a shared courtyard

Using the shared courtyard under article 1102 of the Civil Code

Article 1102 of the Italian Civil Code sets the core principle for any undivided condominium asset: every co-owner may use the common property, subject to two cumulative conditions. First, the intended purpose cannot be altered, so no owner can turn a portion of courtyard meant for passage into a fenced or covered private area without assembly consent. Second, other owners must not be prevented from exercising their own right to use it, though this does not mean simultaneous and identical use by everyone, only the concrete possibility of using it when needed.

In practice, this article legitimizes differentiated use over time, for example vehicle transit to reach a private garage, provided it does not amount to stable and exclusive occupation. An owner who installs a fixed canopy, plants trees that narrow the maneuvering space, or places permanent planters in a shared passage area exceeds the limits of legitimate use and can be required to remove the installation, even without a prior assembly resolution: the property manager, upon report from other owners, must intervene to restore the previous state.

Parking in the shared courtyard: rules and limits

Parking is the most frequent practical source of conflict. If the courtyard has no parking spaces individually assigned by title (deed of purchase, contractual regulations) or by an assembly resolution allocating spaces, the applicable criterion is rotation or first come compatible with equal use by all: no owner can claim a fixed spot simply because they have occupied it for years.

The assembly can regulate the matter with a resolution setting rotation schedules, allocating spaces based on ownership shares, or prohibiting extended parking if the courtyard also serves as a maneuvering or pedestrian passage area. For such a resolution to be valid and binding on everyone, it must be approved with the majorities required for innovations or for the condominium regulations depending on its content, and it should then be recorded in the regulations to be enforceable against future buyers and tenants.

Practical points to check before acting: whether contractual regulations already assign specific parking spaces, whether the courtyard also serves as an emergency exit route or fire brigade access, which strongly limits the possibility of dedicating it to permanent parking, whether a new assembly resolution is needed to introduce rotation schedules or restrictions not yet in place.

Ordinary and extraordinary courtyard maintenance

Maintenance of the shared courtyard, including paving, lighting, rainwater drainage and access gates, falls within the conservation expenses for common areas governed by article 1123 of the Civil Code. Ordinary maintenance, such as periodic cleaning or replacing lighting fixtures, is approved with the ordinary majorities of the assembly on second call. Extraordinary works, such as complete resurfacing or building a new drainage system, require a qualified majority and, if they amount to a genuine innovation, an even higher quorum.

It is useful to schedule periodic inspections of the courtyard, particularly drainage and paving, following preventive maintenance criteria that reduce the risk of water infiltration and liability for damage to third parties under article 2051 of the Civil Code, which places strict liability on the condominium for damage caused by things in its custody, including the courtyard.

Allocating shared courtyard expenses

The general criterion for allocating courtyard expenses is proportional to each owner's ownership share, as set out in article 1123 of the Civil Code. An exception applies when the courtyard is used unevenly by some owners, for example because it serves exclusively as vehicle access to specific garages or units: in this case article 1123, second paragraph, applies, allowing allocation based on actual use, often defined in a separate usage table distinct from the general ownership table.

To manage this distinction properly, the property manager should clearly document, already when drafting the regulations or at the first useful assembly, whether the courtyard has undifferentiated common use or differentiated use that justifies separate usage tables. Property management software such as AmministraPro allows multiple ownership tables to be set for the same common area and links each expense to the correct table, avoiding manual recalculations and disputes during financial statements.

Internal regulations: what to define for the courtyard

A well drafted condominium regulation drastically reduces courtyard disputes because it sets the rules in advance instead of negotiating them case by case.

• Hours and terms of vehicle access, if the courtyard also serves as a pedestrian passage
• Prohibition or regulation of extended parking, distinguishing it from simple transit
• Rules on temporary placement of objects, bicycles, waste bins or movable structures
• Responsibility for cleaning and reporting damage to paving or lighting
• Access procedures for extraordinary maintenance, including third party systems running through the courtyard

Frequently asked questions