Studio Legale Pavan Website

Article 1138, paragraph 1, of the Italian Civil Code, provides that the condominium regulation sets the rules for the use of common parts and the sharing of expenses, according to the rights and obligations of each owner. It also sets the rules for the maintenance of the building and for its administration. The regulation is generated by contract if drawn up by the original owner or by the builder; otherwise, it is approved by the condominium assembly (article 1136, paragraph 2, of the Civil Code).

Where the condominium regulation comes from a contract, the Court of Cassation had stated that, in order to enforce its rules on the use of common parts and limitations on property rights against future owners of each unit, it is required that the regulation be registered at the real estate registry (judgment no. 20124 of 18th October 2016).

Instead, on 3rd November 2016, the Court itself stated an opposite principle, according to which a contractual condominium regulation is binding on new owners, irrespective of its registration, whenever the agreement of purchase and sale makes due reference to it.

Therefore, it seems necessary that the Court in plenary session (“Sezioni Unite”) intervene so as to solve the contrast between the two positions.