Court of Paola, order of 16 July 2026 (R.G. 00000085/2026)

The faculty conferred on each unit owner to apply to the courts for the judicial removal of the building manager under art. 1129, co. 11, cod. civ. does not establish an absolute and exclusive reservation of jurisdiction to the ordinary courts and does not exclude the referability of such a dispute to arbitrators, since it does not fall within the prohibitions laid down by arts. 806 and 808 cod. proc. civ.
Only disputes concerning rights incapable of disposal are excluded from referral to arbitrators, the area of non-disposability being confined to interests protected by mandatory rules whose breach triggers a response of the legal order independent of any initiative of a party.
The plea that the claim is not maintainable (improponibile) by reason of an arbitration clause contained in the building regulations, requiring that arbitration first be undertaken, is well founded and entails a declaration that the claim is not maintainable.