When a condominium administrator is removed or resigns, thorny disputes can arise: unpaid fees, accounts to be submitted, accounting documents to be returned. But before which court should the case be brought? This is far from a purely formal question, because choosing the wrong forum can result in one's claim being declared inadmissible for lack of jurisdiction, with significant loss of time and valuable resources. The Court of Cassation has recently intervened on this matter with a ruling destined to bring clarity.
The Case: A Condominium Against a Management Company
The matter concerns a condominium that had entrusted its management to a limited liability company. Following the termination of the relationship — most likely as a result of removal or resignation from the appointment — disputes of a patrimonial nature arose between the parties: the condominium alleged breaches relating to fees, the accounting of expenses, and the failure to return accounting documentation.
The condominium had initiated proceedings before the Tribunal of Tivoli. The counterparty, however, contested the territorial jurisdiction of that court, raising an objection that was ultimately upheld up to the highest levels of civil justice.
The Special Forum for Condominium Disputes: What It Is and When It Applies
The Code of Civil Procedure provides, under Article 23, a specific rule for disputes concerning condominium buildings: this is the so-called special forum, which concentrates territorial jurisdiction in the place where the condominium property is located. The purpose is practical: to prevent condominium owners from having to pursue litigation in courts far from their residence.
However, this special forum is not unlimited in scope. It does not apply to every dispute that involves, in some capacity, a condominium. The provision is specifically designed for disputes between condominium owners, that is, for conflicts arising within the condominium body as such.
The Court of Cassation's Decision: Order No. 3719 of 18 February 2026
With Order No. 3719 of 18 February 2026, the Court of Cassation addressed this precise interpretive issue, resolving it in unequivocal terms. According to the judges of legitimacy, a dispute between a condominium and its former administrator — whether removed or resigned — cannot be classified as a dispute between condominium owners for the purposes of applying the special forum pursuant to Article 23 of the Code of Civil Procedure.
The rationale is clear: the administrator, once having ceased from office, no longer holds any organic position in relation to the condominium. In other words, the functional link that would justify the application of rules specific to disputes internal to the condominium body ceases to exist. This holds true even when the subject matter of the dispute concerns