Entries prohibited by the condominium regulations

In the matter of condominium relationships, when the activity carried out by one of the condominium members of a building is suitable for causing disturbance to the good of the tranquility of the other participants, expressly protected by contractual provisions of the condominium regulation, it is not necessary to ascertain, in order to consider the activity itself illegitimate, whether or not this constitutes a prohibited entry pursuant to art. 844 cc, as the regulatory rules of a contractual nature can impose limitations on the enjoyment of exclusive ownership even greater than those established by the indicated general rule on land ownership. It follows that, when compliance with a clause of the contractual regulation which restricts the powers and faculties of individual condominium owners on the floors or portions of the floor in exclusive ownership is invoked in support of the obligation not to act, the judge is called upon to evaluate the legitimacy or otherwise of the entry, not under the lens of the art. 844 cc, but exclusively on the basis of the tenor of the contractual provisions of that regulation, constituting a real constraint similar to a mutual servitude.

Court of Milan section XIII, 05/12/2018, n. 12316