When I went to find my way, the choice was: APARTMENT. And along with the choice of apartment comes an instrument called CONDOMINIUM CONVENTION. In very simple terms, I can tell you that the Condominium Convention is the law of those who circulate in that development, that is, it regulates issues of relationship and behavior not only who is a resident, but also employees, visitors...
The condominium agreement is a document often drawn up even before the construction takes place and is of paramount importance, as it will regulate the entire experience of those who chose to live there.
The Law No. 4591 (Condominium Act Edilícios and Real Estate Development ) brought a lot about the subject, see:
Article 9. Owners, prospective buyers, assignees or promising assignees of rights pertaining to the acquisition of autonomous units, in buildings to be built, under construction or already built, shall prepare, in writing, the Condominium Agreement , and shall also by contract or by deliberation at the meeting, to approve the Internal Regulation of the building or group of buildings.
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As a lawyer who works heavily in this area of real estate development, I've read many condominium conventions, and believe me: every thing that is regulated out there that you wouldn't believe without reading it with your own eyes.
In this post today, I want to introduce you to the minimum requirements for drawing up a condominium agreement, which the law imposes as the minimum necessary to consider that the wording given is a convention:
Validity requirements of the Condominium Agreement:
- Breakdown of exclusive areas and common areas;
- Destination of use of the enterprise and purpose of each unit;
- How to use each of the areas of the project;
- Deal with the common charges of the condominium, form of sharing of expenses and form of payment that must be respected by each unit owner;
- Method of choosing the trustee and the advisory or fiscal council;
- Function of the trustee, councils and whether there will be remuneration;
- Method and deadline for calling meetings;
- Quorum for voting of assemblies;
- Deal with the reserve fund;
- Quorum for changing the condominium agreement;
- Determine on the Internal Regulations;
- Condominium administration form;
The provision of each of the above items is part of Law No. 4,591 and part of the Civil Code.
In addition to the requirements presented above, as I said earlier, it is up to the unit owners to determine items that will be relevant for the good experience in the enterprise, so that it makes sense for that small community that starts.
Note, even though the Condominium Convention for a given building does not address some matters, the Law mentions some points that are PROHIBITED in any building in Brazil, see:
Prohibitions expressed to unit owners:
- Change the facade of the development;
- Change the external frames;
- Designate the unit for use other than that specified.
There is also a very important point in the legislation on condominiums that are often silent in their condominium agreements, as well as, as there is nothing determined there, the trustees end up not acting as determined, the subject is: MANDATORY INSURANCE.
Law No. 4,591. Art. 13. Insurance shall be provided for the building or set of buildings, in this case, separately, covering all autonomous units and common parts, against fire or other accident that causes destruction in whole or in part, including the premium on ordinary condominium expenses.
Single paragraph. The insurance referred to in this article must be carried out within 120 days, counting from the date of the granting of the "occupancy", under penalty of the condominium being subject to a monthly fine equivalent to 1/12 of the property tax, enforceable by the Municipality ..
I will write more on this subject! So, my suggestion, you who live in a condominium, get your condominium convention and read what is there. Then you can come back here in this post and send me questions about your condominium convention and I'll be producing more content on the subject!
