Updated condominium law for 2022: 6 news you should know

The updated condominium law for 2022 provides that anyone wishing to sell their home must ask the condominium administrator to issue a written declaration. This document must include the value of all charges with the condominium in relation to its fraction, including the amounts and payment terms.

In the declaration, any debts of the condominium must still be patent. If applicable, the nature, amounts, incorporation and maturity dates must be mentioned. This document must be issued by the condominium administrator within a maximum period of 10 days from the request of the owner of the fraction.

In addition, sales must be communicated to the condominium administrator by registered mail within a maximum period of 15 days, indicating the name and tax identification number of the new owner. If you do not, you will have to bear the costs of identifying the new owner, and any late payment interest.

Until now, buying a fraction in a condominium also meant buying the associated debts. The new law seeks to correct this issue, responsible for many cases in Portuguese courts over the years. The condominium law updated to 2022 says that liability for debts to the condominium is now measured according to the time when the debt should have been settled.

This means that debts that fall due on the date after the deed of purchase and sale are the responsibility of the new owner. Debts due by that date are the responsibility of the previous owner. Information on the condominium's debts and their deadlines must be included in the aforementioned statement, which the administrator produces at the time of sale.

The only exception is if the purchaser waives this administrator declaration. In such cases, the purchaser of the fraction will be liable for any debt due prior to the purchase. Conclusion: if you are about to enter into a Promise Agreement of Purchase and Sale in a condominium, do not waive the administrator's declaration to be sure that you are not taking on unexpected debts.

Another of the most controversial issues of the old law was the responsibility of owners for expenses with common areas prior to the time of purchase, which were not subject to their vote.

Now, the costs of conservation and enjoyment of the common parts of the building are only the responsibility of the owners who approved them and are paid by them in proportion to the value of their fractions.

That is, if the joint owner was not the owner of the fraction at the time of the decision, he does not pay the expenses. Responsibility for expenses is now determined by the date on which it was deliberated.

The common areas, but for the private use of a condominium, such as balconies and patios, were until now included in the general expenses of the condominium. With the condominium law updated to 2022, these areas become the exclusive responsibility of their owner. Therefore, if you have one of these spaces that is only used by you, you will pay more.

But there are exceptions. 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 condominium owner with exclusive use only supports the value proportional to its fraction.

From now on, condominium assemblies can be held by videoconference. If any of the owners are unable to participate in the digital meeting, it is up to the administration to ensure the necessary alternative means.

The signature of the minutes can also be done by electronic or handwritten signature. The call for the meeting can now be made by email to the joint owners who express this will in a previously held meeting.

With the condominium law updated for 2022, the condominium administrator has increased responsibilities.

In addition to having to issue the aforementioned declaration in case of sale, the administrator must also guarantee the existence of the common reserve fund and demand from the joint owners their share of the approved expenses. In addition, it must implement the resolutions of the meeting within a maximum period of 15 working days, unless another deadline is defined.

Whenever the condominium is summoned or notified within the scope of a judicial process, it is its responsibility to inform the owners, in writing or by email. Finally, when works are required, the administrator must submit at least three quotes from different sources.

The condominium administrator who does not fulfill these functions may have to respond criminally.

Source: Idealista