In recent years, the dispute over the collection of condominium fees has become a recurrent theme in the life of condominium members. In this article, we will explore the legal aspects involved in disputes, as well as present alternative solutions for their resolution. It is important to emphasize that the collection of the condominium fee is supported by legal grounds and its contribution is essential for the maintenance of the common areas and services provided by the condominium.
1. Condominium collection: legal basis and obligation The collection of condominium tax is supported by the Civil Code, more specifically, the articles 1,336 to 1,343 establish that two condominium members must contribute with the condominium expenses. In addition, the Condominium Law (Law No. 4,591/64) also provided for the obligation to pay common expenses.
According to article 1.336, item I of the Civil Code, the condominium member is obliged to contribute to the common expenses of the condominium in proportion to his ideal fraction, unless otherwise provided in the condominium contract. This contribution is essential to ensure the maintenance and conservation of common areas, as well as the provision of essential services to tenants.
2. Disagreements with IPTU collection Disagreements will often arise between the tenants and the condominium administrator regarding the collection of IPTU. condominium. An example could be a discrepancy in relation to the amount charged. In these cases, it is important to verify that the calculation is correct and that the condominium contract or the meetings authorize increases in expenses.
There may also be questions about the fate of two seized resources. In these cases, the unit owners have the right to demand transparency and accountability from the liquidator and administrator.
Also, delays in payment are grounds for dispute. The condominium member who does not pay the condominium may be sued in court and subject to fines and juries, as established in the convention or in the assemblies.
It is important to comment that the discussion on the validation and value of the collection in the condominium assemblies is of extreme importance, it is forwarded to a space of democracy and active participation of the condominium members.
3. Responsibility of the trustee and administrator in the collection of the condominium The trustee is responsible for the administration of the condominium and for the collection of the fee condominium. It must act in accordance with the legal provisions and contractual clauses in force.
The administrator, in turn, provides support to the trustee in the performance of his duties and in the financial management of the condominium. Both have the duty to ensure the correct collection of the condominium, in accordance with the convention and the resolutions taken at the meeting.
4. Judicial and jurisprudential decisions
The jurisprudence has favored the collection of condominium fees, recognizing its obligation and importance for the maintenance of common areas. For example, Special Appeal No. 1,289,439/MG, or the Superior Court of Justice decided that the condominium fee is legitimate and must be carried out in accordance with legal and conventional provisions.
In addition, in numerous cases, the courts have recognized the legality of two hectares of juries and fines in cases of late payment of the condominium, highlighting the importance of encouraging or fulfilling condominium obligations.
5. Alternative solutions and preventive measures To avoid litigation and seek an amicable solution to disputes related to the collection of condominium taxes, recommended or use of extrajudicial methods such as mediation and conciliation.
Mediation is a process conducted by an impartial mediator, who helps the parties to identify common interests and reach an agreement. Conciliation, on the other hand, involves the participation of a conciliator, who facilitates communication between the parties and seeks a solution that is satisfactory to all.
Through these methods it is possible to build a dialogue between the owners and an administrator, promoting the understanding of the interests and needs of each one. In this way, the solution found will be more efficient and lasting, thus avoiding emotional and financial exhaustion.
As a preventive measure, it is important to hold meetings periodically so that owners can discuss and resolve any doubts and disagreements. In addition, it is recommended that clear rules be established, which transparently determine the revenue and operation of the condominium, including the form of collection and allocation of resources.
Conclusion:
A dispute over the collection of condominium tax can be resolved harmoniously and efficiently, understanding that this contribution is essential for the maintenance of common areas and services provided by the condominium. Mediation and conciliation stand out as viable alternatives for conflict resolution, stimulating a constructive dialogue between the parties involved. It is fundamental that the tenants are aware of their rights and duties, actively participating in the management of the condominium. Preventive measures, such as holding assemblies and implementing clear regulations, can also help to avoid conflicts and not establish a harmonious and fair coexistence. Attention: everyone's collaboration is essential for the condominium to function properly and to obtain a harmonious environment.
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