Post by account_disabled on Mar 12, 2024 0:48:55 GMT -5
The propter rem obligation allows the creditor to collect the debt from anyone who has any legal relationship with the autonomous unit generating the condominium debt, whether owner, promissory buyer, acquirer, bidder or assignor.
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Istockphoto Owners who sold property at auction must pay pre-existing debts
The understanding was adopted by judge Joel Birello Mandelli, of the 6th Civil Court of Santos (SP), when condemning the owners of a property sold at a judicial auction to bear debts arising from condominium expenses totaling R$25,000 over five years.
According to the records, the Portugal Mobile Number List defendants purchased the property at a judicial auction, in which the debt relating to outstanding condominium expenses was stated in the notice. During the period in which the unit was in default, with the consent of the other residents and as stated in the minutes, the apportionments of the apartment were incorporated by the condominium, which took over the payments so as not to jeopardize the maintenance of the place.
In the decision, the judge highlighted that the defendants must bear the debt, as they were aware of the situation when purchasing the property. "Prior collection from the possible owner of the property before the defendants is essential, as argued in the defense, as the interest of the condominium estate must prevail, in order to recover unpaid expenses more quickly, although safeguarding the right of return", he said .
According to the decision, the amounts must be corrected and added with default interest of 1% per month, from the respective due dates, and a fine of 2%, plus those due during the course of the dispute, observing the same criteria.