Convenção Condominial | Papo Rápido

CONDOMINIUM BYLAWS! Today in another Quick Chat you'll learn everything about this topic. Here on the "No Legalese with João Freitas" channel (@joaofreitas.oficial) on YouTube, you learn about your rights without that boring and rigid legalese. More content about condominium law; you can access our complete playlist on the topic by browsing our channel. Take advantage and check out our other videos and playlists. Leave your questions or suggestions in the comments and don't forget to like, subscribe to the channel and activate the bell! Follow us on social media: Facebook:   / joaofreitasa.  . Instagram:   / joaofreitas.  . LinkedIn:   / joao.  . #joaofreitas #advogadosassociados #paporapido #seusdireitos #semjuridiques #youtube #direitocivil #direitocondominial #convencaocondominial #sindico #regimentointerno #convencaodecondominio Dr. João Freitas is a specialist in condominium law and constantly produces content on the subject across various channels. Check out an exclusive for the Mais Santos Portal: FIND OUT WHO CAN REQUEST CONDOMINIUM DOCUMENTS By João Freitas It's common in condominiums for residents of the unit, who often don't own the property, to request certain documents, such as paid bills, meeting minutes, contracts, etc. First, we need to define what a CONDOMINIUM OWNER, A RESIDENT, OR AN OWNER is. Let's see: Who is a condominium owner? It's the owner of the property, even if they don't live in the unit. Also considered a condominium owner is the prospective buyer (i.e., someone who doesn't yet have a definitive deed to the property but already has a signed promise of sale) and the assignee of rights (i.e., someone who doesn't yet have a deed but has a signed promise of sale and has the condominium owner's rights assigned by the owner). Who is the tenant, also called the lessee? Who is the landlord? This refers to the person who pays monthly rent to the property owner. The tenant's rights can be expanded if the property owner grants them power of attorney. Who is the resident? This refers to the person who lives in the unit, whether they are the owner or a tenant. Who is the landlord? This refers to the property owner who rents the apartment to third parties. Who are the children and relatives in the condominium? In the case of relatives, if they have power of attorney from the owner, they are only considered a proxy, and NOT a condominium owner. An uncle/father/mother/cousin who spends time in the unit, living there for a short period, is considered a GUEST of the condominium owner, therefore they cannot be held responsible for the unit. If the visitor commits any irregularity in the condominium, the condominium owner responsible for the unit where the visitor is staying is liable. After the definitions were established, the question is: CAN ANY RESIDENT REQUEST DOCUMENTS FROM THE CONDOMINIUM? No. Based on the definitions above, it is clear that not all residents are authorized to request the rights of others, such as requesting condominium documents, or even claiming or complaining on behalf of a unit. These documents can only be analyzed by those who are actually owners, now considered condominium members, or at most, those who have a power of attorney to represent them. As already mentioned, specifically, those who have the right to request documents are: The owner of the property, even if they do not live in the unit, the prospective buyer, and the assignee of rights, as already defined above. Often, administrators/building managers end up accepting the complaints and requests of all residents, regardless of whether they are condominium members or not, in order to avoid further problems and seek harmony within the condominium community. The important thing is always to have common sense in condominium relations, but when a resident who is not a condominium owner, but a third party, sets aside common sense and starts to have a contentious and "troublesome" profile, the building manager should resort to the law, requiring the presentation of a power of attorney for any document. Finally, the precautions described above do not foresee the application of the LGPD (General Data Protection Law), which, for now, is not applicable to condominiums. However, considering the possibility of the application of said law by analogy, it is understood that in the future it will be necessary to process sensitive data that the condominium holds about everyone (LGPD). Good luck!