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Court of Brescia, judgment of 5 June 2026, No. 5333

An arbitration clause in a condominium by-law of a contractual nature, referring to arbitrators disputes “between co-owners or between co-owners and the administrator”, does not extend to cases of challenge of a condominium resolution, which are not expressly mentioned in the clause, and is not enforceable against co-owners who did not expressly accept the by-law or against their predecessors in title, where the by-law was not registered.

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