Role of the condominium administrator in 2024

Life in a condominium raises doubts about the relevance of the role of the condominium administrator, a central figure in management. The functions associated with this position are crucial to coordinating the well-being of condominium owners. Thus, the question arises: what is the role of the administrator and how does he influence the dynamics of the condominium? Explore more about the topic in this article.

Administrador de condomínios

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What is the role of the administrator?

The role of the condominium administrator, as outlined in Article 1436 of the Civil Code, and his functions are described by law, and are available for consultation in the “Diário da República“.

The administrator plays a key role in coordinating the various aspects involved in the condominium. In charge of financial management, he is responsible for preparing and controlling the budget and paying expenses. As part of maintenance, it supervises the conservation of common areas, contracting the necessary services.

Furthermore, it plays a crucial role in serving condominium owners, managing conflicts, organizing assemblies and promoting effective communication. Managing the condominium’s legal documentation and implementing security measures are also integral parts of your responsibilities.

It is also important to note that since the entry into force of Law No. 8/2022 of January 10, 2022, the role of condominium administrator has undergone significant changes. Now, your new responsibilities include:

  • Check the common reserve fund.
  • Require co-owners to pay their shares in approved expenses.
  • Carry out the deliberations of the condominium assembly.
  • Inform condominium owners about summonses or legal notices.
  • Provide at least three budgets for extraordinary conservation works or innovations.
  • Issue a declaration of no debt when a fraction of the building is sold, indicating the current condominium charges.

These changes increase transparency, making the administrator’s role more responsive to the needs of condominium owners.

Condominium administrator: a mandatory position?

Yes, according to the Civil Code in Portugal, the condominium under the horizontal property regime must have an administrator. The condominium assembly is responsible for electing someone to perform this role, which can be a condominium owner or an external entity, such as a condominium management company. If the meeting does not hold this election, the administrator may be appointed by the court at the request of any of the condominium owners. If none of the above takes effect, the role of condominium administrator must be played by the condominium owner whose fraction represents the largest share of the building.

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Refuse the position of condominium administrator

The legislation highlights the importance of voluntariness in the election for the position of condominium administrator, respecting the wishes of the condominium assembly. The need for voluntariness suggests that electing an administrator against his or her will is questionable in terms of legitimacy.

The option of refusing the position is highlighted by DECO, especially in the absence of voluntary applications, advising the reasons for refusal to avoid conflicts. Alternatively, the condominium can choose an external condominium administrator, ensuring an appointment in the collective interest and dedicated performance of functions.

Conclusion

The role of the condominium administrator in 2024 remains fundamental to coordinate financial aspects, maintenance and interaction between condominium owners. Recent legislative changes have increased transparency and responsiveness to residents’ needs. The legal obligation to have an administrator highlights the importance of dedicated leadership to ensure effectiveness in condominium management. Additionally, the possibility of using external condominium management offers a viable option to ensure efficient management in favor of the collective interest.

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