Practical guide
Splitting garden and green area costs
Condominium gardens and shared green areas are common parts under Article 1117 of the Italian Civil Code, unless a specific deed assigns exclusive ownership or use to individual owners. Their upkeep generates recurring costs, pruning, irrigation, fertilizing, plant replacement, and occasional extraordinary work such as removing a hazardous tree or rebuilding an irrigation system. Cost allocation generally follows general ownership shares, but this can change when the condominium bylaws set differentiated use criteria, for instance for ground floor units with direct garden access. Understanding which criterion applies helps avoid disputes at meetings and in financial statements.
The garden as a common part: when general shares apply
Article 1117 of the Italian Civil Code lists garden areas among the common parts of a building, since they serve the use and enjoyment of all owners, even those who never physically access them. For this reason, unless the bylaws or purchase deed provide otherwise, ordinary maintenance costs for green areas, lawn mowing, hedge and tree pruning, fertilizing, plant treatments, path cleaning, are split according to general ownership shares, the same shares used for maintenance of the building as a whole.
This criterion reflects the principle that the garden's value and appearance contribute to the value of the entire property, regardless of the floor an owner lives on. Even a top floor owner who never crosses the garden benefits from its effect on the unit's market value and on the building's overall image.
When differentiated use changes the allocation criterion
The pure ownership share criterion can be modified when the condominium bylaws, approved unanimously or of a contractual type, set a use based criterion for green areas with exclusive or preferential access, typically reserved for ground floor units with direct garden frontage. In such cases Article 1123, second paragraph, of the Italian Civil Code applies, allowing costs to be split in proportion to actual use when a common asset serves owners unequally.
It is important to distinguish between actual use and legally relevant use: simply having a window overlooking the garden is not enough to justify a differentiated split unless a bylaw clause or a unanimous resolution establishes it. Absent such a provision, the general ownership share criterion remains in force, and the property manager cannot introduce a use based split without the consent of all affected owners, since this amounts to changing the legal allocation criteria.
A common case involves owners with a private garden held in exclusive use derived from a common area: here the bylaws often assign ordinary maintenance of that portion to the beneficiary owner, while structural costs, for example the shared irrigation network, remain everyone's responsibility.
Ordinary versus extraordinary maintenance: two entries to keep separate in the statement
In the condominium financial statement it is advisable to separate ordinary green area maintenance costs, recurring and predictable, already included in the annual budget, from extraordinary costs, such as removing a tree for safety reasons, replacing the irrigation system, or work requested following an arborist's report.
Extraordinary costs generally require a specific assembly resolution stating the scope of work, the cost estimate, and the timeline, while ordinary costs fall under routine management handled by the gardener or the company engaged under an annual contract. Keeping this distinction clear in the statement, with separate line items and supporting documents, reduces the risk of disputes when the budget is approved.
Property management software that lets you code expenses by category, ordinary, extraordinary, differentiated use, and link each entry to the correct ownership share table considerably simplifies producing the statement and having owners verify it. AmministraPro allows configuring multiple allocation tables for the same building, so the right criterion is applied automatically depending on the nature of the expense.
Best practices for property managers
A few practical steps help prevent disputes over green area cost allocation.
- Always check the condominium bylaws before applying a criterion other than the general ownership shares.
- Document any decision on differentiated use criteria for green areas in a clear assembly meeting record.
- Keep ordinary and extraordinary costs separate in the accounts, with dedicated allocation tables if needed.
- Keep quotes, contracts with the gardening company, and arborist reports as supporting evidence for resolutions.
- Notify owners of planned extraordinary costs well in advance, attaching the cost estimate.
Frequently asked questions
Is the condominium garden always a common part?
Generally yes, under Article 1117 of the Italian Civil Code, unless the purchase deed or a contractual set of bylaws assigns exclusive ownership of the garden to a single owner or expressly excludes its common nature. In case of doubt, the condominium's founding deed and subsequent approved bylaws should be checked.
Who pays for pruning trees in the shared garden?
Ordinary pruning falls under green area maintenance costs and is split according to general ownership shares, unless the bylaws set a different use based criterion. If pruning is required due to a safety hazard, for example dry branches over a walkway, the cost still falls on all owners under the same criterion.
Can an owner refuse to pay their share of garden maintenance if they never use it?
No, except for specific exceptions set out in the bylaws. The garden is a common part by law and its maintenance contributes to the appearance and value of the entire building, so the contribution obligation exists regardless of an individual owner's actual use, under the general principle of Article 1123 of the Italian Civil Code.
How should an extraordinary cost for removing a hazardous tree be handled in the accounts?
The cost must be approved at an assembly meeting with a cost estimate, often supported by an arborist's report when required for public safety reasons, and recorded separately from ordinary green area maintenance costs in the financial statement. Software such as AmministraPro allows linking the specific resolution to the extraordinary expense entry and to the relevant allocation table.
Can the condominium bylaws set a different criterion than ownership shares for garden costs?
Yes, if the bylaws are of a contractual type, meaning drafted by the original developer and accepted by individual buyers in their purchase deeds, or if a change to the allocation criterion is approved with the consent of all affected owners, consistent with Article 1123, second paragraph, of the Italian Civil Code for cases of differentiated use of a common asset.
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