The management of common spaces in a condominium and their use has always been a topic of heated discussion not only between condominiums, but also with the competent authorities. A recent ruling by the Court of Cassation established that it is not possible to limit the right of a condominium in the common areas, except by virtue of a contractual regulation or a condominium regulation approved unanimously by the assembly. So here you also wait like playing football in the condominium they can be regulated, at will, as long as they are unanimous, based on the wishes of the condominium owners.
What can you do in a communal garden?
The condominium it is a place where families with very different compositions and habits live together, whose coexistence can sometimes be complicated. This difficulty increases significantly when there are also children who wish to enjoy the common spaces, including a garden or a shared courtyard.
The use of a condominium space for recreational activities, which can vary from parties to games, is regulated byarticle 1102 of the Civil Code and provides that each member of the condominium can use the common areas under conditions that do not cause damage or alter their original function.
At the same time we must consider that the condominium regulations may limit some activities: playing football in a condominium is one of the activities that could be prohibited to the children of condominiums, with the aim of protecting the tranquility and silence of the environment. However, it is underlined that the assembly can meet again, following an initial indication of the ban, to eliminate it and therefore authorize children to play football in the condominium.
When is it forbidden to play football in the condominium?
It is forbidden to play football in the condominium whenever inside the condominium regulation the possibility of doing so in common areas is explicitly precluded. However, it may happen that – in the face of a ban imposed by the regulation – condominium owners are tolerant towards children who spend the afternoon playing football.
However, it is essential that the rest hours are respected: from 2pm to 4pm and from 10pm to 8am it is strictly forbidden to carry out activities in the common areas that could disturb the tranquility and quiet of the condominiums.
At the same time it is worth underlining that it is not possible to play football in the condominium even when the area where it could be done is used for another function: for example, children cannot play football in the condominium in the area that is reserved for car parking. This situation could not only be dangerous for young people, but could also alter the original use of the car park itself.
Managing children’s noise in condominiums: timetables and details
Similarly to what happens for the management of common spaces used or not for gaming, also i noises made by children in a condominium they must find the right balance between the right of the little ones to play and the right to quiet of the other condominiums.
Italian legislation does not provide specific provisions for noises produced by children, however, the general rules regarding noise in condominiums and the principle of tolerability.
As a general rule, noise should be kept within limits considered normal during daylight hours, usually from 8am to 10pm. During these hours, it is reasonable to expect a greater tolerance towards noises, including those produced by children. Outside these time slots, particularly during the night hours, you should have greater respect for the peace of others and try to limit noise to a minimum.
The condominium regulations can establish specific rules regarding noise and acceptable behaviors, sometimes including times when greater respect for peace is required. These regulations are binding for all residents of the condominium and may provide specific details regarding the management of noise, including that produced by children.
It is important to underline that the Court of Cassation has repeatedly recognized that the noises produced by children, as an expression of their natural need for play and socialisation, they cannot be equated with normal noises and therefore they must be tolerated to a certain extent, as long as they do not exceed normal limits and do not cause excessive disturbance to other condominiums.
