Practical regulations
Managing parking and car spaces in a condominium
A condominium courtyard used for parking is, under article 1117 of the Italian Civil Code, almost always a common asset, yet its day to day management triggers more disputes than one might expect: who can park where, what happens when there are fewer spaces than units, how maintenance costs are split. This guide explains how to set up a fair allocation, when a rotation schedule is needed, what the condominium bylaws should cover on this topic, and how to track access usefully without crossing into a privacy violation. It applies equally to an open courtyard and to an underground garage.
Parking as a common asset: what article 1117 says
Article 1117 of the Italian Civil Code lists areas designated for parking among the common parts, unless the property deeds state otherwise, when this designation results from the building plans or the contractual bylaws. This means the first step, before discussing allocation, is checking the deeds: the purchase contract for each unit, the bylaws attached to it, the filed floor plans. If a parking space was sold as an exclusive appurtenance of a specific apartment, it falls outside condominium management and the assembly cannot reallocate it.
When the area genuinely is common property, its intended use remains parking for all owners: the assembly can regulate its use through internal bylaws, but cannot change its purpose, for example turning it into storage, without unanimous consent, since that would alter the destination of a common asset.
Allocating spaces: draw, rotation, or ownership shares
When available parking spaces are fewer than the units in the building, the assembly must pick an allocation criterion that is fair and verifiable. The most common solutions in condominium practice are listed below.
None of these solutions is mandated by law: the choice belongs to the assembly, using the majorities required for changes to the use of common property under article 1136 of the Civil Code, and it must then be recorded in the bylaws to be binding on everyone, including future buyers.
- Periodic draw among interested owners, documented in the meeting minutes
- Rotation schedule, monthly, half yearly or annual, among owners without an exclusively assigned space
- Allocation proportional to ownership shares, when the layout of the area allows it
- Shared use by time slots, common in courtyards also used for loading and unloading
What the condominium bylaws should cover
Bylaws that do not explicitly address parking leave room for disputes between neighbors. It helps if the bylaws specify the size and boundaries of the parking area, the allocation criterion adopted, behavioral rules such as no prolonged parking and limits for motorcycles and bicycles, the management of visitor spaces, the internal penalties allowed under article 70 of the implementing provisions of the Civil Code for repeated violations, and the procedure for reporting unauthorized occupation to the property manager.
It is also advisable to address spaces for people with disabilities, who benefit from specific protection regardless of the general allocation criterion, and spaces for electric vehicles when the assembly has approved charging point installation under the applicable charging infrastructure rules.
Splitting maintenance costs for the area
Ordinary maintenance costs for the courtyard or garage, such as cleaning, lighting, floor markings, and pavement repair, are split according to the general ownership shares when the area serves the whole building, or according to a dedicated cost table if the bylaws established one specifically for parking, as allowed under article 1123 of the Civil Code for assets that serve owners to different degrees.
Extraordinary costs, such as resurfacing the pavement or installing an automated gate, follow the same logic but require an assembly resolution passed with the qualified majorities required for such changes, and should be recorded separately in the budget to remain traceable over time.
Tracking access without violating privacy
Many condominiums install an automated gate or an individual remote control system for the shared parking area: this makes it possible to know who has access, but logging the entry and exit times of individual owners must be handled carefully under EU Regulation 2016/679, the GDPR. The property manager should limit data collection to what is necessary to manage the asset, such as the list of assigned remote controls, and avoid systematic monitoring of movements that goes beyond what is proportionate to security and proper use of the area.
A management platform such as AmministraPro helps strike this balance: it keeps an orderly record of parking space allocations, approved rotation schedules and maintenance costs linked to the parking area, so the property manager always has the documentation ready to present at the assembly without having to reconstruct by hand who is entitled to what.
Frequently asked questions
Is a courtyard used for parking always common property?
Not always. It is common property when this results from the ownership deeds and the contractual bylaws, under article 1117 of the Italian Civil Code. If a parking space was instead sold as an exclusive appurtenance of a specific unit, it remains individually owned and falls outside condominium management, so the assembly cannot reassign it to other owners.
Who decides the criterion for allocating parking spaces?
The assembly decides, using the majorities set out in article 1136 of the Civil Code for regulating the use of common parts. It can choose between a periodic draw, a rotation schedule, or allocation proportional to ownership shares: whichever criterion is chosen must be put in writing in the bylaws and recorded in the minutes, so it remains binding even on future buyers of the apartment.
Can an owner permanently park in the same spot without authorization?
No, if the area is common property and has not been exclusively assigned to them by a resolution or a specific deed. Permanent, unauthorized occupation of a common space is an abuse that other owners, through the property manager, can challenge, requesting that the asset return to the collective use set out in the bylaws.
How are the costs of resurfacing the parking courtyard split?
If the area serves the whole building, the cost is split according to the general ownership shares; if a dedicated cost table exists for parking, that one is used instead, following the criterion in article 1123 of the Civil Code for assets that serve owners to different degrees. Since this is usually extraordinary maintenance, an assembly resolution with qualified majorities is required.
Is it legal to install cameras or an access log at the parking gate?
It is possible, but it must comply with EU Regulation 2016/679, the GDPR: data collection must be proportionate to the security and management purposes of the area, owners must be informed, and there must be no systematic, unjustified monitoring of individual movements. A management platform such as AmministraPro helps keep track of allocations and related resolutions in an orderly way, without replacing the privacy assessments that remain the property manager's responsibility.
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