Buying a house also involves assuming the position of condominium owner, whenever the property is part of a horizontal property building. This means that, in addition to the fraction purchased, the new owner becomes responsible for common condominium charges, such as fees, repairs and works approved at the meeting.
The doubt becomes more delicate when the expense relates to a problem that already existed before the deed. This is the case of infiltrations, damage to a neighboring unit or works in common areas that only reach the condominium meeting later.
According to , which heard Sofia Lima, a jurist specializing in rental and condominium law at DECO PROTeste, the answer depends mainly on a date: the moment in which the condominium decided to approve the work or payment in question.
The decision date changes everything
If the condominium decision was made after the deed, the responsibility tends to fall on the current owner. Even if the problem began before the purchase, the charge only formally arises when the condominium assembly approves the expense. At this point, whoever already owns the fraction can be called upon to pay the respective share.
According to the expert cited by Polígrafo, if the decision was taken now, the new owner will have to pay, as he was the condominium owner at the time the expense was approved.
When the responsibility may lie with the former owner
The scenario changes if there was already a deliberation prior to the deed. If the condominium had already approved the works or payment before selling the house, and this amount had not been paid, the responsibility must lie with the former owner.
In this situation, the amount should be included in the declaration of the existence of debts to the condominium, a document that has become more important in property sales precisely to avoid this type of conflict.
Declaration of no debt does not solve everything
Since 2022, the condominium charges statement must identify existing debts, their nature, the amounts involved and the dates of constitution and maturity.
Therefore, if there was an expense already approved before the deed, it must be mentioned in that document.
If it is not, and there are minutes or other documents that prove that the deliberation was made prior to the purchase, the new owner can contest the charge.
Old problem is not always old debt
This is the point that tends to generate the most confusion. An infiltration may have started before the purchase, but the expense will only be approved afterwards. In this case, the condominium may understand that the obligation to pay belongs to the current owner.
Therefore, it is not enough to know when the damage occurred. It is essential to understand when it was communicated, when it was discussed in the assembly and, most importantly, when the expense was approved.
Urgent works in a fraction
There are also situations in which a condominium owner affected by damage caused by common parts proceeds with repairs before there is formal authorization from the condominium.
As a rule, you must communicate the problem to the administration and wait for a decision. However, in urgent cases, or when there is obvious damage and lack of action, it may be justified for the owner to proceed with the work and then present the costs to the condominium.
Even so, the recommendation is to document everything, communicate the situation in advance and keep budgets, photographs, reports and invoices.
What should you ask for before paying
If you recently purchased a house and the condominium presents you with an old bill, you should ask for the minutes of the meeting where the expense was approved.
You must also confirm the date of the deliberation, the share allocated to your fraction, the declaration of debts submitted in the deed and any previous communications from the administration.
In the end, the practical rule is simple: the decisive date is not necessarily the date of the problem, but the date of the condominium’s formal decision. It is this date that can determine whether the account belongs to the previous owner or the person who purchased the house.
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