permissible to use the condominium’s garden

Is it permissible to use the condominium’s garden as a soccer field for the boys whose squeaks, shouts and noises annoy the condominiums?

Spring is coming and the square under the building is used by children for their entertainment. The boys, as it often happens, love to play football: so the condominium courtyard is exchanged for a soccer field. Shouts, shouts and the sounds of the ball against the shutters of garages and shops bother all the apartment buildings. Can something be done to prevent a lot of noise? Can children play ball in the condominium yard? To ask it are numerous condominiums who are lucky enough to have a small garden or a widening, sometimes fenced. Those who leave the parked car are also afraid of some dent for a crooked ball. Of the possible damages to the cars should answer the awkward boy’s parents, but how do you identify who had the “wrong foot”? These and other problems related to the game of football in the condominium courtyard pose the need for a solution to the problem. Here is what the law provides.

The first thing to do is check whether, in the condominium regulation, the ban on playing ball in the condominium courtyard is explicitly stated. If so, we would have cut off the bull’s head and we could not discuss the right of condominiums to prevent the continuation of sporting activities. Otherwise it is always possible for the assembly to approve a subsequent resolution setting out the methods for using common things, in this case the condominium courtyard. You could even vote for the approval of time slots within which to authorize the games. The decision must of course be taken by a majority: it is the same majority necessary to approve or change the condominium regulations, ie – both first and second call – the majority of those attending the meeting that represent at least 500 thousandths (or half of the value building). The same assembly can authorize the administrator to raise fines of up to 200 euros against the violators of the ban (clearly, in place of underage children, they will pay their parents).

If both the regulation and the assembly have nothing to do we must verify what the law says about a possible ban on children playing football in the condominium courtyard. Here the civil code that regulates the use of the common parts of the building, including the square below, runs to the rescue, and establishes that each condominium – understood as a family, including the children of apartment owners – can use the common parts to condition that it does not alter its destination and does not prevent others from making use of it according to their right.

The Cassation has said [2] that the concept of “equal use of the common good” should not be understood in the sense of identical and contemporary use, that is enjoyed by all the apartment buildings in the unity of time and space because, if it were, it would be impossible for each condominium to use the common thing whenever it was insufficient for this purpose. This means that children can play in the yard if this does not prevent, for example, cars to move and park or condominiums to cross the avenue to reach their homes. Among other things, the occasional use of the courtyard as a playground does not alter its destination and constitutes a use in accordance with the law.