A large point of conflict in a residential building can be how to define the rights and responsibilities of all those concerned – since there is a distinction between the actual building, resident, tenant, board member, voter, convention, among various others. In this article we will clarify some definitions and their differences.
WHO IS REGARDED A BUILDING RESIDENT?
Building residents are titleholders with the legitimate right over a residential dwelling, or in other words, the proprietor in accordance with the Property Registry – or that has at least some right over the acquisition such as a verbal transaction or inheritance.
While the tenant or occupant or any other individual residing on the premises, without legal ownership status – is NOT considered a building resident, since they are not actual owners (art. 1.334, § 2º, do CC) and therefore shouldn’t even attend property meetings, in accordance with article 1.335, inc. III of the Civil Code.
WHAT ARE THE RIGHTS OF THE TENANT?
Such individuals can only partake in property meetings, such as voting via proxy, with the consent of one that is regarded as a building resident – or in other words, property owner or titleholder or equivalent.
The son or daughter of a property owner is not considered a building resident, but simply the son or daughter and can only be present at residential meetings or represent their families through proxy.
The tenant is a figure that is part of the condominium and has rights and obligations within the building such as, for example, the duty to comply with internal statutes, deliberations within meetings and the right to utilize common areas and other such benefits that property owners have while in possession.
On the other hand, the property owner throughout the duration of the contract, cannot utilize the common areas – having lost any right to use the property, despite being able to partake in building meetings.
WHO IS LEGALLY RESPONSIBLE FOR PROPERTY FEES?
Legally the responsibility for payment of property taxes (such as IPTU and building fees) rest with the property owner. And so therefore non-payment can result in loss of assets, in accordance with legal rulings.
Nonetheless, when inscribed in the contract in accordance with both parties – the responsibility of taxes can be passed over to the tenant (art. 25 da Lei 8.245/91).
Any further questions regarding rights and obligations of proprietor, resident and tenant?