Post by account_disabled on Mar 10, 2024 23:06:41 GMT -5
It is legitimate to charge default interest above % per month in case of non-payment of condominium fees. To do so, it is sufficient that there is an express provision agreed in the condominium agreement. The understanding comes from the rd Panel of the Superior Court of Justice, which judged a collection action for the Jardim Botânico VI condominium, in Brasília, against a resident.
The Jardim Botânico VI Condominium, in the city of Brasília, filed a collection action against a condominium owner, due to non-payment of condominium fees for the months of April to November The condominium charged R$ , related to overdue installments and, also, the payment of due installments, applying late payment interest in accordance with the condominium agreement.
The condominium owner appealed to the Court. The Austria Phone Numbers List trial judge annulled the case without resolving the merits of the action. The judge considered that the condominium was not regularly constituted, as determined by article of the Code of Civil Procedure.
Unsatisfied, the condominium appealed. The decision of the Federal District Court of Justice was favorable to the request. “The condominiums, even if in an irregular situation before the public administration, have active legitimacy to file a collection action against condominium owners who are in arrears with the payment of the monthly fees approved at the meeting.”
Other appeals were presented by both parties and the final decision of the TJ-DF determined that “the interest and fines provided for in the condominium agreement will apply until the date of entry into force of the new Civil Code (//). From then on, condominium fees are subject to interest of % and a fine of % per month, in accordance with article , of this legal diploma”.
Dissatisfied with the understanding, the condominium filed a Special Appeal with the STJ. The allegation was that it violated the same article , of the Civil Code. The condominium argued that there cannot be a limitation on late payment interest of % per month, as of the Code coming into force, in cases where the condominium agreement expressly provides for a higher percentage. “The agreed interest is the interest that belongs to the rule, and the % interest to the exception, which is applied only in the absence of the former”.
For Minister Nancy Andrighi, rapporteur of the process, the thesis presented by the condominium is legitimate. According to information contained in the records, the convention agreed by the Jardim Botânico VI assembly established the incidence of default interest of % per day, after the th day of maturity, and a fine of %, in case of non-payment of fees. condominiums.
The Jardim Botânico VI Condominium, in the city of Brasília, filed a collection action against a condominium owner, due to non-payment of condominium fees for the months of April to November The condominium charged R$ , related to overdue installments and, also, the payment of due installments, applying late payment interest in accordance with the condominium agreement.
The condominium owner appealed to the Court. The Austria Phone Numbers List trial judge annulled the case without resolving the merits of the action. The judge considered that the condominium was not regularly constituted, as determined by article of the Code of Civil Procedure.
Unsatisfied, the condominium appealed. The decision of the Federal District Court of Justice was favorable to the request. “The condominiums, even if in an irregular situation before the public administration, have active legitimacy to file a collection action against condominium owners who are in arrears with the payment of the monthly fees approved at the meeting.”
Other appeals were presented by both parties and the final decision of the TJ-DF determined that “the interest and fines provided for in the condominium agreement will apply until the date of entry into force of the new Civil Code (//). From then on, condominium fees are subject to interest of % and a fine of % per month, in accordance with article , of this legal diploma”.
Dissatisfied with the understanding, the condominium filed a Special Appeal with the STJ. The allegation was that it violated the same article , of the Civil Code. The condominium argued that there cannot be a limitation on late payment interest of % per month, as of the Code coming into force, in cases where the condominium agreement expressly provides for a higher percentage. “The agreed interest is the interest that belongs to the rule, and the % interest to the exception, which is applied only in the absence of the former”.
For Minister Nancy Andrighi, rapporteur of the process, the thesis presented by the condominium is legitimate. According to information contained in the records, the convention agreed by the Jardim Botânico VI assembly established the incidence of default interest of % per day, after the th day of maturity, and a fine of %, in case of non-payment of fees. condominiums.