One of the issues that most causes headaches in condominiums nowadays is that of delinquency. The excuses are the best, from family expenses to the Brazilian economic crisis. For this, the receiver must be well informed about the laws that govern this type of problem.
According to the Civil Code, Art. The duties of the condominium are:
I - contribute to the expenses of the condominium in proportion to its ideal fractions, except as otherwise provided in the agreement;
Paragraph 1 - The condominium that does not pay its contribution will be subject to the agreed default interest or, if not foreseen, those of one per cent per month and a fine of up to two per cent on the debt (Article 10.931 of 2004) .
Art. 1,335. They are the rights of the condominium: III - vote in the deliberations of the assembly and of them to participate, being quite.
Art. The trustee is responsible for: VII - collecting from his condominium members their contributions, as well as imposing and collecting fines
Under the new Civil Code, the fine for late payment should be 2%. The interest shall be that contained in the Convention. If the agreement is silent, they must respect the level of 1% per month. To increase interest, it is necessary to amend the Convention, with the approval of 2/3 of the condominium owners. The fine is also valid for condominiums with Conventions prior to the new Civil Code, which entered into force on 11/1/2003. In the case above, the clause of the Convention that imposes a fine of more than 2% automatically loses its legal validity and therefore does not have to be amended.
The debts prior to the entry into force of the Civil Code (11/1/2003) have the fine that the condominium agreement stipulated at the time, up to the ceiling of 20%. Delays in extraordinary apportions follow the same rules. The fine of 2% does not apply to the delay of penalties arising from non-compliance with the Internal Regulations.
Note: Although the New Civil Code reduced the fine for late payment in payments from 20% to 2%, in article 1336, it opened the possibility of raising interest rates beyond the level of 1% per month, if so Convention of condominium disposuser:
"Article 1336 § 1o The condominium that does not pay its contribution will be subject to the agreed moratorium interest or, if not foreseen, those of one per cent per month and a fine of up to two per cent on the debt."
In case the agreement does not provide for the collection of interest beyond the 1% per month threshold, as in most cases, it may be modified to suit the new reality of the market. For this, 2/3 of the condominium owners must be approved.
Addressing this type of subject is not easy, but legal knowledge helps a lot to solve this problem. The best option is to seek a lawyer who can better instruct you on the steps to be taken. In addition, maintaining a good relationship with all the residents also collaborates with the good coexistence and helps in the future to talk about matters of this size.
