Italian Supreme Court rules on bicycle parking in shared courtyards

The Italian Supreme Court (Cassazione), through ordinance 26539, has ruled that parking bicycles in a condominium courtyard is legitimate, provided they do not obstruct access or prevent other residents from using the common space.

The dispute arose when a property owner with a garage accessing the courtyard sought to ban all vehicles and materials from the common area, specifically targeting bicycles belonging to another resident's tenants. The Court of Appeal had previously ruled in favor of the bicycles, noting they were placed orderly in a wing of the courtyard without impeding garage access.

The ruling emphasizes Article 1102 of the Italian Civil Code, which allows participants to use common property as long as they do not alter its intended use or prevent others from exercising their rights. The court clarified that the presence of bicycles does not automatically violate these rules; rather, a case-by-case assessment must determine if the parking actually blocks entrances, maneuvers, or safety paths. The decision does not grant an unlimited right to park anywhere, but places the burden of proof on the claimant to demonstrate actual obstruction.