Condominium law lawyer
Counsel to managers (síndicos) and condominiums: fee collection, valid assemblies, bylaws and house rules, manager liability and delinquency. In person at Avenida Paulista or remotely.
5,0 · 18 Google reviewsThe building condominium is an organization that charges, contracts and answers in court — and the manager (síndico) who runs it is personally liable for fault (CC, arts. 1.347 and 1.348). Condominium counsel covers the whole operation: fee collection, valid assemblies, bylaws and house rules, maintenance contracts and the condominium's defense in disputes.
The legal operation of the condominium.
- Condominium fee collectionOwner delinquency: judicial collection with its own action (Law 4.591/1964), attachment and the strategy that recovers without generating mass litigation.
- Valid assembliesCall, quorum, agenda and minutes: a badly run assembly produces a voidable decision — and the condominium redoes what should be simple.
- Bylaws and house rulesDrafting and reviewing the registered condominium bylaws (convenção) and the house rules — the documents that decide what may and may not happen in the condominium.
- Manager's liabilityThe manager answers for fault in management: mandate, duties and the perimeter of personal liability — protecting whoever runs the building.
- Condominium contractsMaintenance, security, elevator, management company: contracts the condominium signs and the liability it assumes.
- Construction works and defectsConstruction defects in common areas, works that damage units and the builder's liability — coordinated with construction defect.
- Distinction from undivided co-ownershipBuilding condominium ≠ undivided co-ownership: dividing a property among co-owners is termination of co-ownership — a different institute.
The condominium bylaws are the condominium's law — and the assembly is what changes them.
The registered condominium bylaws are the condominium's internal norm: undivided shares (frações ideais), expenses, use of common areas, sanctions. The house rules detail daily life. The assembly is the deciding body — and an irregular call, the wrong quorum or a matter outside the agenda make the decision voidable. A working condominium is one that documents.
Fee delinquency is the most frequent liability: the condominium has its own collection action (Law 4.591/1964, art. 12, §1, and CC, art. 1.336), with interest, penalty and adjustment as the bylaws provide. Well-conducted collection — notice, settlement or action — recovers without litigating what resolves earlier.
The manager is the administrator with personal liability: answers for fault toward the condominium and, in certain cases, toward third parties. A contract signed without budget cover, works done without assembly, irregular spending — each is the manager's personal exposure. Counsel protects the management, not just the condominium.
The building condominium is not undivided co-ownership: the first is an organization of the co-owners governed by its own registered bylaws; the second is co-ownership of a property among co-owners — the forced division of the latter is termination of co-ownership, a different institute. Confusing the two is frequent and changes the route.
How we run the case.
- Diagnose the situationConvenção, minutes, fee delinquency and the current points of conflict.
- Regularize the structureRevised bylaws and house rules, correctly called assemblies and valid minutes.
- Recover the delinquencyCollection of overdue fees — settlement or action — with a strategy that does not generate systemic litigation.
- Protect the managementManager and council advised on liability, contracts and documented decisions.
What to bring to the first conversation.
Documents that speed up the review
The condominium bylaws, the minutes and the delinquency list are the basis of condominium counsel.
- Registered condominium bylaws and house rules
- Minutes of recent assemblies
- List of delinquent owners and amounts
- Current condominium contracts
- Condominium balance sheets and statements
- Ongoing works or repair projects
- Correspondence with owners
- Manager's and council's documents
Case review and a written proposal before any step is taken. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleTranslations of real client reviews published on Google.
Who leads this area.
Founding partner at Falchet e Marques (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas), she leads the real estate, family and probate practice. Straight to the point, no legalese.
Meet Letícia MarquesCommon questions.
How does the condominium collect overdue fees?
Through its own condominium-fee collection action (Law 4.591/1964 and CC, art. 1.336): interest, penalty and adjustment as the bylaws provide, with possible attachment of the unit. Prior notice and settlement resolve part of the cases before filing.
Can the assembly decide anything?
Within what the bylaws and the law allow — and with the correct quorum and agenda. An irregular call or a matter outside the agenda makes the decision voidable; the wrong quorum invalidates it. Assembly validity is formal and verifiable.
Is the manager personally liable?
Yes, for fault in management (CC, art. 1.348): an irregular contract, unauthorized works, out-of-budget spending — the liability is the manager's personally. Documented management and respect for approvals are the protection.
Can the bylaws prohibit short-term rentals?
Depends on the text and the case — the bylaws may regulate unit use, and the Airbnb/seasonal discussion has divided precedent. Clear, well-drafted bylaws are what prevents the dispute.
Can an owner withhold fees for bad service?
No — the condominium fee is a statutory obligation tied to unit ownership, not to the service rendered. The management company's breach is argued separately; the fee remains due.
What is the difference between the bylaws and the house rules?
The bylaws are registered and legally govern the condominium; the house rules detail daily use and can be changed with a simpler quorum. The bylaws command; the house rules operationalize.
Does the condominium run on valid documents — or improvisation?
Send the bylaws, the minutes and the delinquency list: we assess the structure and design recovery and regularization, with a written proposal.