Practical guide
Use of common areas: the limits of equal use
Courtyard, entrance hall, perimeter walls, roof terrace, garden: common areas serve everyone, but each owner may use them even more intensively than the others, provided they stay within precise boundaries. The reference is Article 1102 of the Italian Civil Code, which sets two clear limits: do not alter the intended use of the common property and do not prevent the other participants from making equal use of it according to their right. Understanding where lawful use ends and abuse begins is essential to prevent neighbour disputes: from parking in the courtyard to occupying a landing, most condominium conflicts arise precisely from a use of the common areas that oversteps these limits.
The two limits of Article 1102
Article 1102 recognises each participant's right to use the common property, even more intensively than the others, but sets two insurmountable limits. The first is the ban on altering the intended use of the common property: one use cannot be turned into another incompatible with the asset's original function, for example using a common passage as a permanent storage area.
The second limit is the ban on preventing the other owners from making equal use of the common property according to their right. This does not mean everyone must use it at the same time or in the same way, but that an individual's use cannot exclude or appreciably compress the others' ability to use it. Staying within these boundaries, an owner may also make, at their own expense, the changes needed for better enjoyment of the property.
- Do not alter the intended use of the common asset
- Do not prevent others' equal use according to their right
- Changes allowed at one's own expense for better enjoyment
What equal use means in practice
Equal use is not identical, simultaneous use: it is the guarantee that each owner keeps the ability to use the common asset in proportion to their right. An owner who hangs a professional plate on the common wall, installs an awning or anchors an air conditioner to the outer wall makes a more intense but lawful use, as long as they leave the others the same potential space of use.
It becomes abuse when the individual's use turns into permanent, exclusive occupation that effectively removes the asset from the others: fencing off a portion of common courtyard as a private garden, permanently reserving a spot in a courtyard meant for everyone's transit or parking, closing off a common landing. In these cases the owner no longer uses the common asset, they appropriate it, exceeding the limit of equal use.
Rota use and the condominium regulation
When a common area is not enough for everyone's simultaneous use, for example few parking spaces in the courtyard for many owners, the solution is not appropriation by whoever arrives first, but a rota or regulated use. The meeting or the condominium regulation can set rotation or assignment criteria that guarantee each person a share of enjoyment over time.
The regulation may set further use limits provided they are reasonable and do not entirely suppress the individual's right of use. A clause banning any excess individual use would be excessive; one ordering rota parking or governing the hours of use of a common space is instead a lawful tool for reconciling interests.
How to manage and document uses of common areas
To prevent conflicts it helps for the manager to keep a clear picture of how the common areas are used, of any rota assignments approved and of the notices received about installations or changes. When a use overstepping into abuse emerges, the manager warns the owner and, if needed, brings the matter to the meeting or acts to protect the common asset.
Software such as AmministraPro helps record resolutions on the use of common areas, owners' notices and the regulations in force, so every decision stays tracked and easy to consult in case of dispute. The available features and plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Can an owner use the common areas more than the others?
Yes, Article 1102 allows an even more intense use of the common property, provided the asset's intended use is not altered and the other participants are not prevented from making equal use of it according to their right. More intense use is lawful as long as it stays within these two limits and does not become exclusive occupation.
May I permanently park in the common courtyard?
Permanently occupying a spot in the common courtyard, effectively removing it from the others, exceeds the limit of equal use and is an abuse. If spaces are not enough for everyone, the correct solution is a rota or regulated use decided by the meeting or the regulation, not appropriation by whoever arrives first.
Is the meeting's authorisation needed to hang an air conditioner on the common wall?
Anchoring an air conditioner or an awning to the common perimeter wall falls within the more intense use allowed by Article 1102, provided it does not alter the wall's intended use, does not harm the appearance and does not prevent others from a similar use. Usually no resolution is needed, but the limits on harm to common areas and on architectural appearance remain.
Who decides whether a use has become abuse?
The assessment is concrete and concerns the real impact on the others' use and on the asset's intended use. First the manager steps in with a warning and, if needed, the meeting; in case of persistent breach the matter can be taken before a judge, who ascertains whether the limits of Article 1102 were exceeded.
How to keep track of the rules for using common areas?
It helps to keep resolutions on use, rota assignments and owners' notices in order. Software such as AmministraPro lets the manager archive this information and the regulations in a single environment, so every decision stays reconstructable and easier to defend in case of dispute.
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