First, let's address the basic care that the condominium can/must adopt:
The condominium must, at this time, intensify hygiene actions by cleaning the entrance, stair rails, door handles and elevators - especially the buttons. It must also provide alcohol gel at the entrance and in common areas;
As for the common areas (swimming pool, playroom, gym), the ideal is to ban these areas, as there is direct contact between people, in addition to sharing objects. It is important that the landlords, when interdicting these spaces, provide information to the residents, explaining in a clear way the reason for such measures.
Regarding employees, the recommendation is (if possible) the creation of alternative hours for these workers and the removal of the elderly or those with chronic diseases (who are part of the risk group).
Works that are not of an urgent nature must be suspended, and couriers (of food applications, for example) may be prevented from entering the internal areas of the condominium. In these cases, it is necessary that the owner of the unit go down to the reception to receive your order.
Condominium meetings should be suspended in order to avoid crowding. However, if provided for in the convention, it can be held virtually.
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I have a meeting scheduled, how do I cancel it?
There is no legal provision for canceling a call that has already been made. In this case, the first step is to check if the condominium agreement says something about the cancellation.
Since there is no rule for such cancellation, it is recommended to act quickly and effectively, and the manager (or person responsible for the call) must make use of all means of communication, in order to promptly reach all its recipients, in order to avoid unnecessary travel (many owners do not reside on site and travel only to attend such meetings).
Can I hold the Assembly via online platforms?
Holding digital assemblies is an excellent way to get around the atypical situation caused by COVID-19, but not every condominium can do it.
For this type of meeting to be held, there must be a provision for this in the Condominium Convention.
This forecast must inform all the requirements for its realization, such as the question of votes.
And in case of termination of term of office of trustee? How should I proceed?
This is a very specific case, as the end of the liquidator's term entails a series of risks. The condominium would be without a person to represent the condominium before financial institutions, for example.
It must be considered that these are reasons of force majeure and, due to the involuntary impossibility of electing a new legal representative of the condominium, the former trustee must continue the mandate until the new election.
In this sense, we can use Article 1324 of the Civil Code by analogy, as it addresses the issue of the joint owner who manages, without opposition from others, assuming himself as a common representative.
Art. 1,324 Civil Code - The joint owner who manages without opposition from others is presumed to be a common representative.
Can the condominium prohibit visitors from entering the unit?
NO! The condominium cannot prohibit visitors from entering the unit as long as they enter the condominium authorized by the owner of the unit. For this possibility of prohibition to exist, a strict quarantine imposed by the Government would be necessary, prohibiting the entry of visitors into buildings.
In this case, we appeal to people's common sense so that they only receive visits to the unit if really necessary.
I have a neighbor in home quarantine, how to proceed?
It is important to point out that, if any unit owner has Covid-19 and is quarantining at home, the manager can notify the other residents, but cannot reveal the identity of the unit owner. The condominium cannot prevent the use of elevators or common areas as it has no power to restrict the movement of residents, whether they have the flu or are undergoing treatment.
What can be done is to ask the owner in question for common sense. And, if the tenant in home quarantine insists on going through the common areas, putting the other residents of the condominium at risk, a notification can first be sent. If he insists on this behavior, apply a fine for not complying with the notification. And, in the last case, take the matter to the judicial sphere.
