Adriano Ladislau

Adriano Ladislau

Adriano Ladislau é especialista em marketing de performance, SEO, automação e portais de conteúdo monetizados.

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Adriano Ladislau é especialista em marketing de performance, SEO, automação e portais de conteúdo monetizados.

Artigos Escritos por Adriano Ladislau

The Decibel War: When Home Becomes a Battlefield law

The Decibel War: When Home Becomes a Battlefield

Dive deep into the "Noise Ordinance" and the rules about noise in condominiums. A comprehensive report on what the law says, the difference between airborne and impact noise, the role of the building manager, and how etiquette and "Right of Neighborly Relations" resolve sound conflicts.

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Condominiums: What They Are and How They Work management

Condominiums: What They Are and How They Work

A condominium is a form of shared ownership where multiple people own parts of a common property. This property can be an apartment building, a house in a gated community, or a recreational area in a residential complex. The importance of condominiums in people's lives lies in providing security, comfort, and convenience, as common areas are maintained by residents and responsibilities are divided in managing the space. Additionally, condo living offers opportunities for socialization and integration with neighbors, fostering a sense of community and belonging.

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Condo Security – The Peace of Mind Residents Deserve condominium-security

Condo Security – The Peace of Mind Residents Deserve

While condominiums today offer numerous conveniences like privacy, comfort, and practicality, many also provide a range of amenities such as leisure areas, pools, gyms, and more. However, perhaps what residents seek most when choosing this type of residence is security, as everyone wants to feel protected and at ease in their home. Therefore, condos invest in security measures, from hiring doormen and guards to installing surveillance cameras and alarms.

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Residential Condos: Technology Ensures Security and Privacy for Residents condominium-security

Residential Condos: Technology Ensures Security and Privacy for Residents

Residential condos offer many advantages, with security being one of the most sought-after by families. With technological advancements, condo security has been enhanced with new devices and software. Beyond surveillance cameras and access-controlled entrances, other features further bolster safety. For instance, sensors that detect pets and objects, as well as vehicle and intruder control systems. Cameras also play a crucial role, with real-time image transmission to monitoring centers, enabling immediate action in emergencies or police situations. ...

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Common Issues in Building Common Area Renovations engineering

Common Issues in Building Common Area Renovations

Among the most frequent problems are material or documentation shortages, delays, and upfront payments without corresponding work progress. Building managers also report uncertainty about project status and duration, along with a lack of technical expertise to effectively discuss issues with contractors.

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Why Writing Procedures for Your Condominium is Essential management

Why Writing Procedures for Your Condominium is Essential

Condominium management is becoming increasingly professionalized, leaving no room for amateurism. Many condominiums that don't opt for professional managers still have residents in management roles. However, regardless of the management approach residents deem most suitable, a professional management methodology is crucial. Managing a condominium today is akin to running a business...

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The Use of Proxies in Condo Association Meetings law

The Use of Proxies in Condo Association Meetings

Proxies are legal instruments that allow one person to represent another in a specific act or in the administration of interests. Their use is very common in condominium life, especially in meetings (but not exclusively). The use of proxies is supported by Brazilian legislation, as expressed in Articles 653 and following of the Civil Code. In meetings, this type of document is widely used, as it allows a condominium owner to vote and even be voted for without being physically present at the location. Some condominium owners have difficulty attending meetings and, therefore, seek to be represented by this document. But the problem lies in the distorted and abusive use of proxies. The use of proxies in condominium meetings can cause many problems, and even nullify the meeting, so the manager and the condominium administration must be attentive when this instrument is used. Recently, a general brawl during the election of a manager in a large condominium in São Paulo (approximately 12,000 units) was widely reported, where the manager, who was seeking re-election, received about 500 proxies. Since the law allows one person to receive powers from another to act or administer interests in their name, the condominium cannot prohibit the use of proxies. However, the condominium, in its bylaws, can regulate the use of proxies, establishing rules such as the number of proxies per person, whether notarization is required or not, among other rules aimed at preventing fraud and abuse of rights. It should also be noted that, even if not stated in the bylaws, the notice of convocation may require the proxy to be notarized, by virtue of paragraph 2 of Article 654 of the Civil Code. The proxy must be presented upon the representative's arrival at the meeting, so that they can sign the attendance list, with the proxy attached to the list for future consultation. Another important point is that the president and/or secretary of the meeting must pay attention to the powers granted in the proxy instrument in order to identify whether the representative can vote freely or if the document already expresses the vote, whether the holder can be voted for, whether the representative can raise questions, among other powers that may be transferred to the holder. All these details make a difference, since, as mentioned above, non-compliance with legal requirements or powers can even lead to the nullification of the meeting. Bill Project A bill is being processed in the Chamber of Deputies, Bill No. 6291 of 2019, which has only one objective: to prohibit the use of proxies in manager elections, as well as in votes of associations and cooperatives. In the justification of the bill, Deputy Professor Israel Batista (PV-DF) states that the use of proxies to vote "has served, over time, to distort the will of collectivities, delegitimizing electoral processes, the sense of community participation, and normally perpetuating in power groups that, for some reason, have these papers in hand." And he adds: "considering the national electoral process, when it comes to representatives of municipalities or states, if the citizen is outside the electoral zone, they are prevented from voting. Considering that condominium units, associations, and cooperatives are important representations of small communities, proxy voting is not democratic." Upon reading the bill and its justification, several questions arise, leading to the belief that it will not be transformed into law or will be altered before its approval. Note that the simple prohibition of proxy use, in a generic way, as provided in the bill, would make it impossible for a legal entity, owner of an autonomous unit, to vote. According to the wording of the bill, it would no longer be possible for a lawyer to represent their client in a manager election meeting. And how could elderly and/or sick people vote if proxies were prohibited? The bill should, in my opinion, regulate the use of proxies or, expressly, assign this responsibility to the condominium, through its bylaws. With the current wording, the bill does not fulfill its aim, which would be to try to curb the abuse of rights in a meeting. The excessive use of proxies can indeed distort any type of deliberation (not just elections), but eventual abuse of rights can (and should) be curbed by the bylaws or by the Judiciary. If you have any suggestions for topics for our next issue, send them to the email: condominio@pw.adv.br.

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The Importance of Condo Audits management

The Importance of Condo Audits

The complexity of daily life in a condominium, regardless of its size, demands a professional approach to management. Legal issues facing administrators require that all actions by the manager and the administrative team be guided by professionalism, integrity, and consistency with assembly decisions, demonstrating the administrators' probity. …

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Condominium Delinquency law

Condominium Delinquency

We are thrilled to launch this column on Condominium Law for Condomínios e Vizinhança Magazine. Each month, we'll tackle current and relevant legal topics for condominium living. Your input is crucial! Send your suggestions, critiques, and compliments to condominio@pw.adv.br, and we'll be happy to respond. In this issue, we'll discuss one of the biggest challenges faced by condominium managers and administrators: delinquency. ...

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