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Resolving technical issues in condominiums often raises debates about who should bear the repair costs. This issue becomes even more complex when legislation does not provide specific guidelines, as is the case with the maintenance of intercoms in condominiums. It is widely recognized that the intercom system is critical to resident safety and communication.
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What are common parts?
To understand the concept, the common parts of the condominium are spaces that collectively belong to all condominium owners and are not for the exclusive use of any of them. Examples of common parts include the following condominium spaces: entrance hall, stairs, corridors, roofs and elevators.
It is understood that these spaces comprise the main structure of the building and the respective areas for collective use. However, this classification can become ambiguous when it comes to the intercom system in condominiums, as itcovers both the common facilities of the building and the interior of the units, taking into account both areas.
So, is any part of the system considered the exclusive property of a condominium owner, such as the branch wires and the device in the homes? Or is the entire intercom system considered a common part of the building?
Intercoms as a common part
The law does not provide specific guidelines relating to this case, however DECO PROTeste , the entity responsible for ensuring consumer rights, considers that the entire intercom system, including individual devices within each home, is a common part of the building .
The fundamental principle in this situation is that equipment necessary for collective use, and which is of shared interest, is always considered common. An easy example to understand this concept is that the intercom system without connection to individual telephones in each house would not work properly. Therefore, maintenance and repair expenses must be shared by all condominium owners.
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The proper operation and maintenance of the intercom system as a whole depends on the integrity of its individual devices . Therefore, when the need arises to replace the entire system with a new one, such as new panels at the entrance and new devices in each fraction, or implementation of new technologies, the expenses of this change must be divided between the condominium owners, in proportion to the value of their respective housing.
Damages due to inappropiate use
In the case of damage due to inappropriate use by an owner of a particular unit, we are faced with an exception to the rule with regard to who is responsible for paying for the repair . If a condominium owner is responsible for the device breaking down in their apartment due to inappropriate use, the expense of repair or replacement must be theirs.
Conclusion
Although the legislation is uncertain, maintaining the intercom system in condominiums is a shared responsibility. It is common practice that, when a damage does not result from misuse by a single condominium owner, everyone shares the repair costs.
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