Understand the rights and duties of condominium owners

Life in a condominium is governed by consensual norms and rules that guarantee the appropriate management of the building and the quality of life of its inhabitants. Within this context, it is imperative to familiarize yourself with the rights and duties of condominium owners.

direitos e deveres dos condóminos

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Before we begin, it is important to mention that legal regulations apply to all condominiums and condominiums. Each condominium owner, however, also needs to take into account the rules stipulated in the building’s constitutive title and in the condominium regulations.

Rights of Condominium Owners

  • Right of Co-Ownership of Common Parts: All condominium owners share ownership and the right to use the common areas of the building, such as gardens, common rooms, among others.
  • Right to Ownership and Use of Your Fraction: Each condominium owner has full right to their fraction and can use it as they wish, as long as they respect the condominium’s legislation and regulations.
  • Participation in Condominium Management: All condominium owners have the right to vote, present proposals and actively participate in condominium decisions.
  • Exemption from Specific Common Expenses: If a service or common part is completely dispensable for a condominium owner, he or she may be exempt from the related expenses.
  • Carrying out private works: With due notification and compliance with the rules, it is permitted to carry out works in the fraction itself.
  • Accessibility for People with Reduced Mobility: It is also the right of condominium owners to promote the installation of accessibility tools.

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Duties of Condominium Owners:

  • Contribute to Condominium Management: This includes participation in regular common expenses and the reserve fund.
  • Use the Fraction Appropriately: The fraction must be used according to its original purpose and in a way that does not violate good customs.
  • Do Not Harm the Structure and Aesthetics of the Building: Any work or modification cannot compromise safety or architectural design.
  • Communication with the Administrator: Keep data updated with the administrator and communicate any sale of the fraction.
  • Maintain Insurance Against Fire Risks: It is mandatory to maintain insurance that covers both the property and common areas
  • Respect Condominium Decisions and Regulations: Includes not carrying out acts prohibited by condominium regulations.

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  • Data Update: Condominium owners must ensure that their personal data is kept up to date with the condominium administrator.

  • Data Update: Condominium owners must ensure that their personal data is kept up to date with the condominium administrator.

  • Management of the Reserve Fund: If the reserve fund is used for purposes other than conservation or necessary works, condominium owners must ensure that the amount used is replaced within a period of 12 months.

  • Communication about Fraction Sale: When selling a fraction, it is necessary to inform the administrator, providing documents proving the transfer and any existing debts

Although this information covers essential aspects of the rights and duties of condominium owners, as well as the new rules implemented with the April 2022 law, it is advisable to consult the new legislation and regulations of the specific condominium for detailed and accurate information.

Conclusion

Respecting the rights and duties of condominium owners is fundamental to the harmony of coexistence in a condominium. In this way, each condominium owner contributes to everyone’s quality of life and helps to avoid conflicts, penalties and degradation of the physical integrity of the building.

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