guanli
公寓审计的重要性
无论规模大小，公寓日常事务的复杂性都要求对采用的管理方法实行专业化。管理者面临的法律问题要求业主委员会主任和管理团队的所有行动都以专业性、诚信以及与会议决定的一致性为准则，…
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guanli
falv
Condominium Arrears
This column debuts on Condomínios e Vizinhança magazine, focusing on condominium law. Each month, we'll tackle current legal issues relevant to condominium life. Your input is crucial! Send suggestions, critiques, and praise to condominio@pw.adv.br. In this edition, we address a major challenge for condo managers: arrears. Non-payment leads to reduced revenue, impacting basic services, increasing costs for other residents, and straining relationships within the community and with management. Article 1.348, VII of the Civil Code mandates the condo manager to collect contributions and fines. But how to do this effectively? While managers often delegate extrajudicial collection to administrators or accountants, a lack of supervision can let debts snowball. Research shows that earlier collection increases recovery chances. However, effective collection requires skill. We recommend managers hire specialized collection agencies to avoid personal exposure to residents. Contrary to popular belief, collection actions can be initiated sooner than 30 days after the due date, and lawsuits can be filed before 90 days. Establishing a clear collection policy with the administrator and agency, defining grace periods and actions for each stage, is vital. Managers must also enforce fines and interest, and refrain from offering discounts on condo fees. Debtors must not be harassed, whether judicially or extrajudicially. Their names cannot be publicly displayed on arrears lists in common areas. Utility services like gas and water cannot be cut off, nor can access to common facilities such as party rooms, pools, and sports courts be denied. Dialogue is always the best first step, but if it fails, the condominium should pursue legal action, as the property itself guarantees execution. Marcio Panno Waknin is a lawyer specializing in Condominium Law and a partner at Panno Waknin Sociedade de Advocacia.
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