Court of Termini Imerese, 24 December 2025, No. 1731

The objection of lack of jurisdiction of the ordinary court based on an arbitration clause contained in the condominium regulations, raised for the first time in the evidential memorandum and not in the statement of defence, is inadmissible as time-barred.
The arbitration clause contained in the condominium regulations, which provides for the referral to an arbitral tribunal of disputes between the owners or between them and the administrator relating to the application of the regulations themselves, cannot be relied upon belatedly in the course of proceedings challenging a condominium assembly resolution, since the objection must be raised in the first available defence on pain of forfeiture.