Regras e convenções do condomínio Vs Leis municipais

This is a subject that generates a lot of doubt among the condominium owners. Rules of the condominium Vs municipal laws: which is worth more?

The condominium convention is created based on some laws of the civil code to make the coexistence of all more safe and pleasant. Thus, the clash between condominium rules and municipal laws has only one purpose. The laws serve a variety of purposes, such as dealing with delinquency of residents, rights within the condominium related to the use of common areas, parties and music schedules, whether or not to have animals (although a trustee does not have the right to Law of taking the animal from a dweller).

If you stop to read the civil code, which has been in effect for 12 years, you will find in one of your articles an area intended only for condominiums. There you will see many of the rules created in a convention, but with a greater power. Rules like:

  • Obligations of residents
  • Definition of areas that belong to all
  • Spending of residents’ expenses
  • Punishments for noncompliance with some internal law

These are some of the laws found within the civil code itself, but as for the rules of the condominium Vs municipal laws, who has greater voice within the condominium?

Condo convention is also law!

Know that a condominium convention is not only created based on what is decided in assemblies by residents and administration, but also based on the civil code itself. Therefore, municipal laws have a strong weight within a condominium and must be followed in the same way as they would be outside the same, although the condominium laws are based on the civil code, this should always be what should be taken into account in In case of doubt.

However, this does not mean that the internal regiment of a condominium can be disregarded. You see, there is a difference between the inner regiment and the laws of a condominium created under the municipal laws. The laws foresee within a condominium everything that must be followed by any citizen. The internal regiment is established by the condominiums themselves to regulate some of the laws so that they serve all residents fairly.

You want an example? The law of the civil code foresees that a resident is punished if it delays much with the apportionment of accounts defined by the own condominium. Already the internal regiment decides that this time will be of so many days, starting from an assembly. In any case, both the internal and municipal laws must be followed in order to maintain order and good living within the condominium.

So if we look at the question of the rules of the condominium Vs municipal laws, it is a little difficult to define which of the two has a greater weight. In fact, both complement each other. Assemblies may not create any law that is contrary to the provisions of the civil code. Likewise, the code itself delegates some functions to the condominium itself to take care of. So be it one or the other, rules were made to be followed! If necessary, refer to the condo trustee, because in a space where many people share the same place, common sense does not always prevail.

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