Practical guide
How to draft the supercondominium regulations step by step
The supercondominium regulations are the instrument that governs the use of the assets common to several buildings, the allocation of shared expenses and the functioning of management. Article 1138 of the Italian Civil Code provides for condominium regulations when there are more than ten owners, and Article 1117 bis extends condominium rules to arrangements with several buildings sharing common assets or services. Good regulations prevent the typical conflicts between buildings, clarify criteria and responsibilities and make management more predictable. This guide explains step by step what they must contain, how to draft them and how to approve them, with a checklist of the points not to forget.
Checklist of the essential contents of the regulations
- Identification of the participating buildings and the common assets, distinguishing those common to all from those common only to some
- Rules of use of the common assets in compliance with Article 1102, with objective criteria and possible rotations
- Expense allocation criteria by category, consistent with Article 1123, and reference to the supercondominium tables
- Consumption-based criteria for measurable services such as heating and water
- Discipline of the common funds and the special fund for extraordinary works
- Rules on the manager, the notice of meeting, the building representatives and the recording of minutes
- Indication of the contractual clauses requiring unanimity and registration
Step 1: define the subject and the common assets
The first part of the regulations must precisely identify the subject of supercondominium management: which buildings are part of it and which assets or services are common to all or only to some. Identification must be anchored to the title deeds and to Article 1117 of the Italian Civil Code, distinguishing the assets common to the whole supercondominium from those belonging to the individual buildings.
This initial clarity is the basis of everything else: the allocation criteria, the rights of use and the participation in decisions all depend on how the common assets are identified. Regulations that are vague about the subject generate a chain of disputes.
Step 2: govern the use of common assets
The regulations must set the rules for using the shared common assets, in compliance with Article 1102 of the Italian Civil Code: each participant may use them provided they do not alter their purpose and do not prevent the others from equal use. Since users belong to different buildings, it is advisable to set objective criteria for parking areas, green areas, access driveways and technical rooms, with possible rotations where use is conflicting.
Rules of use may also provide for prohibitions and limits, but they cannot compress the rights of individuals over their exclusive properties beyond what is permitted, and clauses affecting such rights are contractual in nature, so they require everyone's agreement.
Step 3: set the expense allocation criteria
The economic core of the regulations is the discipline of allocating common expenses among the buildings, according to the criteria of Article 1123 of the Italian Civil Code: general expenses in proportion to value, services by use, assets intended only for some buildings charged to that group. The regulations may recall the supercondominium thousandths (millesimi) tables and indicate the specific criteria for consumption-based services, such as heating under the UNI 10200 standard.
- Indicate the allocation criteria for each category of common expense, consistent with Article 1123
- Recall the supercondominium thousandths tables as the basis for allocation among the buildings
- Specify consumption-based criteria for measurable services, such as heating and water
- Govern the management of common funds and the setting up of the special fund for extraordinary works
Step 4: regulate management and the meeting
The regulations must govern the functioning of management: the powers of the supercondominium manager, the ways of calling the meeting, the mechanism of building representatives provided for by Article 67 of the implementing provisions when participants exceed sixty, and the rules for recording minutes.
It is good practice to coordinate the supercondominium regulations with the regulations of the individual buildings, to avoid contradictory provisions. Purely organisational clauses may be approved by majority, while those affecting the rights of individuals require unanimous consent.
Step 5: approve and register the regulations
Meeting-approved regulations are adopted with the majority provided by Article 1138 of the Italian Civil Code, which refers to the majorities of Article 1136 paragraph 2. Contractual clauses, which limit the rights of individuals or derogate from the legal allocation criteria, instead require the agreement of all participants and, to be enforceable against successors in title, registration in the property registers.
Once approved, the regulations must be kept and made available to all participants. Management software such as AmministraPro lets you archive the regulations, the thousandths tables and the related resolutions, and apply the allocation criteria consistently year after year. The features are described on the /funzioni page and the plans on /prezzi.
Frequently asked questions
Are supercondominium regulations mandatory?
Article 1138 of the Italian Civil Code requires regulations when there are more than ten owners, and Article 1117 bis extends condominium rules to arrangements with several buildings sharing common assets or services. In practice, a supercondominium with several buildings almost always exceeds this threshold, so the regulations are due. Even where they were not strictly mandatory, they remain strongly advisable because they govern the use of common assets and the allocation criteria, preventing the typical conflicts between buildings.
With what majority are the regulations approved?
Meeting-approved regulations are adopted with the majority provided by Article 1138 of the Italian Civil Code, which refers to the majorities of Article 1136 paragraph 2. Purely organisational clauses fall under this rule. Contractual clauses, which limit the rights of individuals over exclusive properties or derogate from the legal allocation criteria, instead require the unanimous agreement of all participants and cannot be imposed by majority.
Can the regulations change the allocation criteria of Article 1123?
Yes, but only with the consent of all participants. The allocation criteria of Article 1123 of the Italian Civil Code can be derogated from by agreement, so a different allocation of common expenses may be provided by contractual regulations signed by everyone. A change to the legal criteria imposed by simple majority would instead be invalid. To be enforceable against successors in title, the contractual clause derogating from the allocation criteria must be registered in the property registers.
How do you coordinate the supercondominium regulations with those of the individual buildings?
It is good practice to draft the supercondominium regulations consistently with the regulations of the individual buildings, to avoid contradictory provisions on the use of assets, allocation and management. The supercondominium regulations govern the assets and services common to several buildings, while those of the individual buildings remain competent over their respective internal parts. In case of overlap, the discipline relating to the scope actually regulated prevails, that is, the supercondominium level for shared assets.
Where are the regulations kept and how are they applied in management?
Once approved, the regulations must be kept and made available to all participants, together with the thousandths tables and the related resolutions. Applying their criteria consistently year after year is what ensures their effectiveness. Management software such as AmministraPro lets you archive the regulations and tables, apply the allocation criteria and link each expense to its regulatory basis. The features are described on the /funzioni page and the plans on /prezzi.
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