Condominium fees can only be enforced if the act is foreseen, says judge

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The condominium cannot file an action to enforce condominium fees, since collection slips issued by the condominium do not constitute an enforcement document. This is the understanding of judge Fernando Ribeiro de Oliveira, of the 4th Civil Court of Goiânia, when accepting an appeal from a construction company that owns a property.


The judge highlighted that B2B Lead condominium fees can only be subject to enforcement action if they are provided for in the Condominium Convention or approved by the General Assembly.

"Ordinary or extraordinary contributions from a building condominium, to be executed through the rite of extrajudicial executive titles, that is, to effectively portray a certain, liquid and enforceable obligation, must be provided for in the respective condominium agreement or approved in a general meeting, which must accompany the initial petition, under penalty of rejection or extinction of the case", says Ribeiro de Oliveira.

Lawyer Arthur Rios Júnior , who defended the construction company operated by the condominium, explains the strategy adopted in the case. "Only condominiums that approve contributions at general meetings have this prerogative. The majority of condominiums in Goiânia do not act in this way and are at risk of seeing their shares extinguished in the Judiciary", he states.



Arthur explains that the execution action allows the debtor's name to be negated, as well as the immediate constriction of the debtor's assets. “For condominiums that do not approve their contributions at meetings, only collection action is possible, which takes a long time to reach the execution phase”, he explains.