Changing the intended use of common areas

The four-fifths majority of Article 1117-ter

To meet condominium-interest needs, the meeting may change the intended use of the common parts with a number of votes representing four-fifths of the condominium participants and four-fifths of the building value. It is one of the highest deliberative quorums provided by the Italian Civil Code, designed to balance the ability to adapt the common parts to new needs with the protection of individual rights.

The change must respond to a real condominium interest, not to the majority's whim. It is not enough that four-fifths want it: the change of use must actually serve the community, for example by recovering an unused space or adapting it to a function more useful for the building.

The reinforced convocation on pain of nullity

Article 1117-ter requires a stricter convocation procedure than usual, whose breach results in the nullity of the resolution. The notice of convocation must be posted for no less than thirty consecutive days in the most commonly used premises or in spaces intended for that purpose, in addition to being sent by the ordinary means.

The notice must also indicate, on pain of nullity, the common parts subject to the change and the new intended use. This double requirement, prolonged posting and specific content, serves to ensure that all owners are fully informed of a decision that structurally affects the building, so they can take part in the meeting knowingly.

• Posting of the notice for at least thirty consecutive days
• Sending by the ordinary means in addition to posting
• Indication of the common parts concerned and the new use, on pain of nullity

The limits: stability, safety and appearance

Not all changes of use are allowed, even with the four-fifths quorum. Changes that harm the building's stability or safety, or that alter its architectural appearance, are prohibited. These are objective limits the majority cannot exceed: protecting the building's integrity and appearance prevails over the interest in changing the use of a common part.

Before resolving it is therefore advisable to obtain a technical assessment ruling out risks to the structure and verifying compatibility with the building's aesthetics. A change resolved in breach of these limits remains unlawful even if approved unanimously, because it offends interests not available to the meeting's majority alone.

Protecting the use with Article 1117-quater

Article 1117-quater protects the existing intended use against activities that affect it negatively and substantially. When an owner uses a common part contrary to its intended use, the manager or even a single owner may warn the author and request the meeting's convocation to stop the breach, including by bringing a court action.

The meeting resolves on stopping the harmful activity with the majority of the second paragraph of Article 1136, that is the majority of those present and at least half the value. To handle reinforced convocations, warnings and resolutions of this kind in an orderly way, software such as AmministraPro lets you prepare the notices, track the postings and archive the minutes in a single environment, reducing the risk of procedural defects. Features and plans are described on the /funzioni and /prezzi pages.

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