Non-compliant use of the shared condominium garage: regulations and solutions

The shared garage in a condominium is one of the most used common areas and, at the same time, one of the most subject to improper use. Often, the question of how a garage should be used becomes a source of tension between condominium members.

Non-compliant use of the condominium garage can lead to inconvenience and legal problems within the condominium. In this article, we will examine what is meant by non-compliant use, what are the reference regulations and what actions can be taken to resolve the situation.

How can you protect yourself from abuse of common spaces? What are the rights and duties of a condominium owner in relation to the use of the garage?

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What is meant by non-compliant use of the condominium garage?

For non-compliant use of the condominium garage means any use that does not comply with the intended use established by the condominium regulations or by current legislation.

Generally, the garage is intended for parking vehicles, but it is not uncommon for it to be used for other purposes, such as storage of personal items, a DIY workshop, or even as a commercial space. This type of use can cause several problems, such as limiting access to other residents, increasing the risk of fire, or damaging the structures.

It is essential that condominium owners respect the rules to ensure the safety and harmony of the condominium.

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Reference regulations for the use of the condominium garage

The use of shared condominium garages is regulated by the Civil Code Italian and from condominium regulations specific to each building. According to theArticle 1102 of the Civil Codeeach condominium owner can use the common areas, including the garages, provided that he does not alter their intended use and does not prevent the other condominium owners from making equal use of them according to their rights.

Article No. 1102
Use of common property

Each participant may use the common thing, provided that he does not alter its purpose and does not prevent the other participants from making equal use of it according to their rights. To this end, he may make at his own expense the modifications necessary for the best enjoyment of the thing.
The participant cannot extend his right on the common thing to the detriment of the other participants, unless he carries out acts suitable for changing the title of his possession.

Furthermore, the condominium regulations, which can vary from condominium to condominium, often include specific clauses regarding the use of common areas. It is important to consult this document to understand exactly what the limits and possibilities are.

In fact, improper use of the boxes can lead to administrative sanctions and require the intervention of the judicial authorities to resolve the dispute.

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What to do in case of non-compliant use of the condominium garage

When a condominium uses the box in a non-compliant way, it is essential to act methodically to solve the problem. Here are some steps that can be followed:

1. Check the condominium regulations: The first thing to do is to consult the condominium regulations to understand if the use that is made of the garage is actually prohibited. If the regulations provide clear rules on the use of the garage, it is easier to address the issue.
2. Dialogue with the condominium: In many cases, the problem can be solved with a simple conversation. It is advisable to speak directly with the condominium owner who is making improper use of the garage and explain the situation, emphasizing the importance of respecting the condominium rules.
3. Administrator Involvement: If the dialogue does not lead to a solution, you can contact the condominium administrator. The administrator is responsible for enforcing the rules and can act as a mediator to resolve the dispute.
4. Calling the condominium meeting: In more complex situations, it may be necessary to call a condominium meeting to discuss the problem and decide what action to take.
5. Legal action: If all other solutions have failed, it may be necessary to resort to legal action. Legal action is a last resort and is only taken if there are no alternatives to ensure compliance with condominium regulations.

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Penalties for improper use of the condominium garage

Improper use of the condominium garage can lead to various sanctions, which vary depending on the severity of the violation and the provisions of the condominium regulations. Here are some of the possible sanctions:

1. Financial penalties: Many condominium regulations provide for fines for condominium members who do not comply with the rules on the use of common areas. Fines can vary and are decided at the condominium meeting.
2. Warnings and cautions: The administrator can send a formal warning to the responsible condominium owner, ordering him to cease the improper use of the garage and to return it to its original intended use.
3. Compensation for damages: If the improper use of the garage has caused damage to the condominium’s structures or has limited the use of common areas by other condominium members, the person responsible may be required to compensate for the damages.
4. Legal action: In more serious cases, legal action may be initiated to obtain an order that orders the cessation of the non-compliant activity and the restoration of legitimate conditions. The judge may also order the payment of moral and material damages.
5. Loss of right of use: In extreme situations, if the condominium owner’s behavior is particularly harmful and repeated, the condominium assembly can decide to temporarily or permanently revoke the right to use the garage, always in compliance with current regulations.