Justice's decision to divide opinion owners
This article was translated by an automatic translation system, and was therefore not reviewed by people.
A recent decision of the Court of São Paulo has brought more controversy to the already troubled relationship between condominium owners and default. The desembargador Donegá Morandini decided that those who are in arrears with payments can not use the recreational areas of the building.
The determination came during a trial of an appeal by a resident of a building in São Paulo. He was prevented by the assembly of people to enjoy the recreational areas because of delays in the rate. The desembargador claimed in its decision, it would not be fair to that paid to date.
Professor of Property Law of the Pontifical Catholic University of Paraná (PUCPR) Maristela Marques de Souza is contrary to the decision. For her, hurts the constitutional right to property.
"Above any decision, above the convention of the condominium, is the Constitution. There is a vulgar error that decision. When there is a delay, the collection is made by judicial, rather than restricting rights, "he says.
Already the lawyer of the Association of Housing and Condominiums of Paraná (PR-Secovi) Luana Araújo do Bomfim and believes that the decision of the Court of São Paulo favors the condominiums.
"This is a new decision, establishing a precedent, but we do not know if it will be followed by other courts. Anyway, it is a positive for condominiums in the fight against bad debt, which has greatly increased, "says.
As Luana, it will generate much controversy. "What will prevail is the property of the debtor or the right of the community being undermined?" Questions. The lawyer says it is very common for condos recover debts of "chronic debtors" in court.
Maristela The teacher acknowledges that the owners of a delay will affect the accounts of the administration of the condominium. According to her, in these cases, the bargaining power of the liquidator is essential.
"Before you go charging in court, the liquidator may call those who are lagging behind to make a deal, but without any kind of exposure," said. Martistela notes that the liquidator can negotiate the debt, but is not permitted to discount or take advantage of the amounts owed fines.
Before leaving for the courts, where there is an understanding within the condominium, an alternative is to seek the Secovi. The entity has a camera that does mediation and arbitration in cases like this. "There is the possibility of conciliation, with documentation of the debt for further judicial execution," explains Maristela.
Source: Paraná Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.
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