Practical regulations
What is a condominium regulation
A condominium regulation is the document that governs the use of common areas, the allocation of expenses, and the rights and duties of unit owners. Article 1138 of the Italian Civil Code makes it mandatory once a building has more than ten unit owners, though smaller buildings can adopt one voluntarily. Not every regulation carries the same legal weight: a contractual regulation, attached to individual purchase deeds and accepted by every owner, can restrict individual property rights and can only be changed unanimously. An assembly regulation, approved by ordinary majority, is limited to governing the use of shared spaces. Understanding this distinction prevents disputes and helps property managers enforce the rules correctly, something platforms like AmministraPro support by storing the document digitally and tracking changes approved at assembly meetings.
The definition under article 1138 of the Civil Code
Article 1138 of the Italian Civil Code states that once a building has more than ten unit owners, adopting a regulation becomes mandatory. That regulation must set out rules on the use of common areas, the allocation of expenses, the protection of the building's architectural character, and the rules for its administration. The article also specifies that the regulation cannot prohibit owning or keeping pets, a specific safeguard for this right.
Below the threshold of ten unit owners, the regulation remains optional. The assembly can still choose to adopt one to organize shared living in a structured way, avoiding the need to discuss and vote on every single issue as it arises.
What the regulation must cover
The typical content of a condominium regulation addresses both the organization of shared living and the financial management of the building.
- Use of common areas: hours, methods, and limits for courtyards, terraces, elevators, green areas, and shared spaces.
- Allocation of expenses: criteria for dividing costs among unit owners, often tied to the millesimal tables.
- Architectural appearance: limits on external modifications, facades, balconies, and fixtures visible from outside.
- Operation of condominium bodies: how the assembly is convened and the powers of the property manager.
- Coexistence rules and prohibitions: rules on noise, pets (which the regulation cannot prohibit outright), and the use of spaces reserved for specific activities.
Contractual versus assembly regulation: the differences
A contractual regulation originates from the developer or the original sole owner of the building and is referenced or attached to each individual purchase deed, so every buyer expressly accepts it upon becoming a unit owner. Because it stems from a negotiated agreement between the parties, it can include clauses that restrict owners' rights over their exclusive property, for instance prohibiting certain uses of specific units, and changing it requires the unanimous consent of every owner.
An assembly regulation, by contrast, is approved by the assembly with the majorities required by law for its adoption or amendment. Its function is more limited: it can govern the use and enjoyment of shared property and the relationships between unit owners regarding that use, but it cannot restrict individual owners' rights over their exclusive property. This difference in legal strength is why, when a clause is disputed, it is always necessary to check which of the two categories it belongs to.
Approval, amendment, and enforceability
An assembly regulation is approved and amended with the qualified majority required for this type of resolution, calculated both by number of owners present and by millesimal shares, according to the criteria set by the Civil Code for assembly decisions. Once approved, it binds all unit owners, including those who were absent or dissented during the vote, and it also binds subsequent buyers of the units, provided the regulation was made adequately known to them.
Keeping the regulation up to date, together with the minutes documenting its approval or amendments, is part of the property manager's document management duties. Tools like AmministraPro allow the current text to be archived, linked to the corresponding assembly minutes, and made available to unit owners at any time, reducing the risk of disputes over which version is actually in force.
Frequently asked questions
Is a condominium regulation always mandatory?
No. Article 1138 of the Italian Civil Code only requires adopting one once a building has more than ten unit owners. Below that threshold the regulation remains optional, although many smaller buildings still choose to adopt one to clearly govern the use of common areas and prevent conflicts between owners.
What is the difference between a contractual and an assembly regulation?
A contractual regulation is accepted by all owners through their purchase deeds and can restrict rights over exclusive property, which is why it can only be amended unanimously. An assembly regulation is approved by the ordinary majorities set by law, governs only the use of common areas, and cannot affect individual owners' rights over their own units.
Can the regulation prohibit keeping pets at home?
No. Article 1138 of the Italian Civil Code expressly states that a condominium regulation cannot prohibit owning or keeping pets. It can, however, address related behavior such as noise or the use of common spaces, without imposing a blanket ban.
Who is responsible for enforcing the condominium regulation?
The property manager is responsible for overseeing compliance with the regulation and intervening in case of violations, following the procedures and any sanctions the regulation itself may set out. Management software such as AmministraPro helps the property manager archive the current text of the regulation together with related meeting minutes, keeping a clear reference available if a dispute arises.
What majority is needed to amend an assembly regulation?
An assembly regulation is approved and amended with the qualified majority set by the Civil Code for this type of resolution, calculated both by the number of owners present at the assembly and by their millesimal shares. A contractual regulation, on the other hand, requires the unanimous consent of every unit owner since it originates from a negotiated agreement rather than a simple assembly resolution.
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