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"Revolution" in condominiums: what the new law already published says

The declaration of the condominium with the charges of the fraction at the time of sale

As of April 10, 2022, the owner of an autonomous fraction that intends to sell, donate or, in any other way, dispose of his fraction, is obliged to request the condominium administrator to issue a written declaration in which the amount of all condominium charges in force in relation to its fraction appears, specifying:

  • your nature
  • respective amounts
  • payment deadline   

 

This same statement must also include, if any, the existing debts related to the autonomous fraction that will be sold, specifying:

 

  • respective nature
  • amounts
  • constitution and maturity dates

Said declaration must be issued by the condominium administrator within a maximum period of 10 days from the request of the owner of the fraction, and its presentation is mandatory so that the instruments through which rights over buildings are shared or transferred (such as, for example, , the right to property), or charges are incurred on them.

 

Such document can only be waived if the acquirer of the autonomous fraction expressly declares, in the deed or authenticated private document that entitles the alienation of the fraction, that such declaration is waived. However, upon accepting that the deed is carried out without the declaration of the condominium administrator, the purchaser of the autonomous fraction will necessarily accept responsibility for any debt of the seller to the condominium.

Expenses necessary for the conservation of common parts

The new condominium law also seeks to put an end to some issues related to the responsibility for expenses related to the condominium.

 

Thus, it is expressly provided that the expenses necessary for the conservation and enjoyment of the common parts of the building and related to the payment of services of common interest are the responsibility of the joint owners who own the fractions at the time of the respective deliberations, being paid by them in proportion to the value of its fractions - unless otherwise specified.

 

It is also determined that the expenses related to the payment of services of common interest may (by provision of the condominium regulation, when approved without opposition, by a majority of the joint owners representing the majority of the total value of the building) be borne by the joint owners in equal parts or in proportion to the respective enjoyment, provided that the criteria that determine its imputation are duly specified and justified.

Another important change concerns the expenses for the conservation of common parts allocated to the exclusive use of a joint owner (such as, for example, balconies and patios for exclusive use).

 

When the state of conservation of these areas affects the state of conservation or the use of the other common parts of the building, the joint owner in favor of whom the exclusive use of those areas is allocated only bears the amount of the respective repair expenses in proportion to the value of their fraction , unless such need arises from a fact attributable to it (that is, the condominium is responsible for bearing the expenses related to the repair and conservation of patios and balconies that are for the exclusive use of one of the condominium owners, except in cases in which such expenses arise from conduct attributable to the owner)

Liability for condominium charges

One of the main changes in the Portuguese legal system introduced by Law No. 8/2022 concerns the responsibility for debts to the condominium and the way in which this responsibility is assessed when selling autonomous units. The amendment introduced is intended to put an end to an issue that has long been discussed in Portuguese courts.

Thus, the law seeks to clarify this issue, stipulating that the responsibility for debts to the condominium must be measured according to the time when the debt should have been settled. Consequently, only if the acquirer of the autonomous fraction expressly declares, in the deed or in the authenticated private document that entitles the sale of the fraction, that it waives the above-mentioned declaration by the administrator, will he be responsible for any debt due on a date prior to the date of acquisition. .

 

Finally, it is expressly provided that the amounts that constitute costs of the condominium, regardless of their nature, that fall due on a date after the transfer of the fraction, are the responsibility of the new owner.

Changes to the title to the horizontal property

Until now, the law provided that the title to the horizontal property could only be modified when there was an agreement by all the joint owners. However, the new law came to enshrine the possibility that:

 

(a) the votes representing the joint-owners who do not consent to the change in the title to the horizontal property are less than 1/10 of the invested capital; and
(b) the change does not modify the conditions of use, the relative value or the purpose for which its fractions are intended,


the lack of agreement of these joint-owners may be judicially compensated.

Source: idealista.pt 

14 from January from 2022

Sara MartinsMarketing Assistant

Assemblies and administrators with new rules. And declaration obligation in the sale of houses. This and more. Lawyers explain.

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