Condominium fine: How should the receiver apply?

Condominium fine: How should the receiver apply?

The condominium fine is a very controversial issue for building superintendents of all kinds. After all, how to proceed in these cases? What are the rights and duties of the parties involved? How can procedural issues be referred and no illegality be incurred?

As we know, all these questions are not simple to resolve. It is necessary to seek instruction from reliable sources who are concerned with passing on the best information in a simple and didactic manner.

This is exactly our proposal with today’s post. Continue reading and learn more!

How to deal with inconvenient condominium members?
Before we understand how to apply the condominium fine, we need to discuss how to deal with inconvenient condominium members who are responsible for causing disharmony in the community.

This is because the imposition of the fine, in many cases, can culminate in a stressful lawsuit. We can say that this is a situation undesired by everyone, isn’t it? Hence the need to seek dialogue in the foreground.

And, when adopting measures in this sense, it is important to surround oneself with some care. When notifying the condominium member who has committed an infraction, for example, never do so personally. Some people may take such an attitude as an affront. In this case, it is best to submit the notification in writing.

After this first moment, try to establish some dialogue about the facts that motivated the notification. At the same time, it is important to understand that a fine will be unavoidable in some situations, without even delivering the notification.

Imagine a serious act, such as the destruction of some equipment or dependency of the condominium. Situations like this will be subject to fines according to the vast majority of condominium conventions, since the damage will have to be compensated.

What does the new Code of Civil Procedure say?

Being protected by the law is fundamental when it comes to proceeding with fines in condominiums. After all, on the occasion of any complaint before the courts by the fined condominium member, it will be necessary to demonstrate the legality of the act.

Do you know which is the legislation that disciplines the condominium organization?

See what some excerpts from chapters on condominiums say:

The condominium member, who does not fulfill any of the duties established in clauses II to IV, will pay the fine provided for in the memorandum of association or in the convention, which may not exceed five times the value of his monthly contributions, regardless of the losses and damages that are found; if there is no express provision, the general meeting, by at least two thirds of the remaining condominium members, will decide on the collection of the fine.

The condominium member, or possessor, who repeatedly fails to perform his or her duties before the condominium may, by resolution of three quarters of the remaining condominium members, be constrained to pay a fine corresponding to up to five times the amount attributed to the contribution for the condominium expenses, according to the seriousness of the absences and the repetition, regardless of the losses and damages that may be found.

Sole Paragraph. The condominium member or possessor who, due to his repeated antisocial behavior, generates incompatibility with the other condominium members or possessors, may be forced to pay a fine corresponding to ten times the amount attributed to the contribution to the condominium expenses, until a later resolution of the meeting”.

  • The collection of a condominium fine must be approved at a meeting with a qualified majority (2/3 of the condominium members);
  • The amount of the fine must be provided for in the condominium agreement and may not exceed the proportion of five times the value of the condominium;
  • A condominium member who has repeatedly “anti-social” behavior, as per the legislation, may be punished with a fine in the proportion of up to five times the monthly contribution paid by him (value of the condominium);

How to proceed in the application of the condominium fine?

After understanding what the new Code of Civil Procedure says, we can move on to a kind of checklist on how to proceed with the collection of the condominium fine. Follow it up:

  • As mentioned earlier, notification may be the first step before effectively forwarding the fine. And, as you have also been informed, there are cases where the fine will be unavoidable, without even a notification;
  • In the event of recurrence or the actual need to forward the fine, it will be necessary to convene an assembly. To approve the fine, a qualified quorum must be convened;
  • When directing the fine, the syndicate or the administrator’s representative must send a printed communiqué to avoid any animosity;
  • Next, it is essential that the condominium member who committed the infraction has sufficient time to justify himself by the fine. This is another legal provision also present in the legislation. This is the point that most allows for contestations in the courts, since many landlords do not grant the right of defense to the persons notified;
  • Another issue of paramount importance is the need to record all the acts of the infringement in the books of occurrences of the building or any other equivalent tool. In the case of judicialisation of the matter, such evidence should instruct the process.

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