Summary: condominium concepts

We have already spoken a few times in some of our articles, how important it is for the property manager to be aware of the entire legal context surrounding condominium life as a whole.

It happens that we perceive that there is on the part of the property manager, a wide knowledge on the practical side (Realization of assemblies, convention, internal regulations, etc.), however, the theoretical basis on the theme as condominium concepts, goes unnoticed.

For this reason, we have developed, in partnership with Group Educa - the largest platform for property management courses - the content below with legal and conceptual explanations about condominium life to help you in your daily life!

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1 Condo concepts about the Condominium

The characteristic point of property is exclusivity, according to article 1231 of the Civil Code: Ownership is presumed to be full and exclusive, until proven otherwise. However, it is fully possible for more than one holder to exercise ownership - which we call a condominium or joint ownership. For this reason, we have in the Brazilian legal system the general condominium and the building condominium nova city.

1.1 Relationships in condominiums

Thus, there are two bundles of relationships in the condominium: (a) internal or intracondominial relationships and (b) external or extracondominial relationships, in this sense, according to the indoctrinator Anderson Schreiber:

1. a) Internal relations, the rights and dutiesof each member are exercised in accordance with their ideal fraction over the common good, for example, by dividing, for example, the expenses and fruits of the thing in proportion to the respective condominium quota.


2. b) External relations, any joint owner presents itself as a full owner and independently of their respective ideal fraction.

2 Legal Nature

For some time, the condominium was seen as inconvenient, as it is the source of numerous conflicts between the tenants. Even a curiosity for you: According to Schreiber: “The institute known by the Romans as mater rixarum (mother of feuds) has already been jokingly called condemony, in reference to the pandemonium it causes among co-owners, involved in infinite debates about the use of the thing, the limits of each person's activities, the division of expenses used to maintain the property and so many other tormenting issues that property sharing raises”

Regarding the institute's own legal nature, there are conflicting opinions on the subject. Let's see that for some:

1. a) In the condominium, the property falls on the quota and not on the thing;


2. b) There are as many property rights as there are tenants;


3. c) New legal person.

Interesting the understanding of Ebert Chamoun: the diversity of theories does not help the figure of the condominium, it is enough to understand it as “the participation in a property of several owners”, in such a way that it boasts “the same legal nature of the domain, of the property”.

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3. Condominium concepts about types of condominiums

There are two types of condominium:

1. a) the general or ordinary condominium, which is divided into:

a.1 voluntary condominium, which derives from the agreement of wills between the tenants;

a.2) necessary condominium, resulting from legal imposition, as in the case of walls, fences, walls and ditches between neighboring lands.

1. b) the building condominium, traditionally called horizontal or apartment condominium, which is divided into three types:

b.1 traditional building condominium;

b.2 condominium of lots; and

b.3 simple urban condominium

We also have multi- ownership, characterized by the temporal fractionation of exclusive ownership over the same property.

Important: Multiproperty can occur both in voluntary condominiums and in building condominiums.

4. Characteristic of the Edilício condominium:

The Edilício condominium deals with the existence of a building composed of parts subject to exclusive property and common property, which will be used, jointly, by the tenants - except when any of the cases provided for in the legislation occurs.

According to Schrebeibr: the building condominium thus encompasses a forced condominium of common parts, which the Civil Code itself lists as an example: soil, building structure, roof, general water, sewage, gas and electricity distribution network, among others parts (art. 1331, § 2), let's see:

Art. 1,331. There may be, in buildings, parts that are exclusive property, and parts that are common property of the tenants.

• Parts susceptible to independent use, such as apartments, offices, rooms, shops and storefronts, with the respective ideal fractions on the ground and in other common parts, are subject to exclusive ownership, and may be alienated and recorded freely by their owners, vehicle shelters, which cannot be sold or rented to people outside the condominium, unless expressly authorized by the condominium agreement.

• The ground, the structure of the building, the roof, the general water, sewage, gas and electricity distribution network, central heating and cooling, and the other common parts, including access to the public street, are used in common by the tenants, and cannot be disposed of separately, or divided.

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Source: Tajarat.com.pk