Changing the regulation on the use of common areas

Assembly regulation and contractual regulation

The condominium regulation may contain two types of clause. Those of an assembly nature concern the use and management of the common areas, the rules on how the meeting and services work: they set hours, methods and rotas for using common spaces. Those of a contractual nature, instead, directly affect the rights of individual owners, for example by limiting the use of exclusive properties or granting particular rights, and originate from everyone's acceptance at the time of purchase.

The distinction does not depend on the document's title but on the content of the single clause. A rule setting the courtyard gate's opening hours is an assembly one; one banning the use of flats for professional activities affects the owners' rights and is contractual. Correctly identifying the nature of the clause is the first step to understanding how to change it.

How the use rules of common areas are changed

The assembly clauses governing the use of the common areas can be changed by the meeting with the majority of those present representing at least half the value of the building, that is the quorum of the second paragraph of Article 1136. With this majority you can introduce or change hours, rotas and criteria for using the courtyard, garden, laundry or other common spaces.

Contractual clauses, which compress the rights of individuals or grant particular advantages, cannot be changed by majority: they require the unanimous consent of all owners, because no majority may dispose of individual rights without the holder's consent. Attempting to change them by resolution produces an invalid decision, enforceable only against those who actually consented to it.

• Use and management clauses: majority of Article 1136 second paragraph
• Contractual clauses limiting individual rights: unanimous consent
• The nature of the clause depends on content, not the regulation's label

The limits to new use rules

Even lawful changes have boundaries. A new use rule cannot entirely suppress each owner's right to use the common areas under Article 1102, nor alter the asset's intended use. It may govern, order and reasonably limit use, but not wipe it out for a category of owners to the benefit of others.

Likewise, the regulation cannot derogate from the Italian Civil Code rules protecting non-disposable interests, such as those on participation in the meeting or on owners' rights over common assets. A clause crossing these limits is null and has no effect, even if inserted with everyone's consent at the time of approval.

Drafting, minutes and recording

To amend the regulation you must put the item on the agenda, resolve with the correct quorum based on the nature of the clauses and record the new wording precisely in the minutes. It is good practice to attach the updated text of the regulation to the minutes, so the change is clear and enforceable.

Software such as AmministraPro lets you keep the current version of the regulation, track the approved changes with their minutes and make the text available to all owners, avoiding uncertainty over which rules are actually in force. Handling these changes in an orderly way reduces conflicts over the use of common areas; the features and plans are described on the /funzioni and /prezzi pages.

Frequently asked questions