Selling the house: new law requires taking on condominium debts!

Living in a house in a condominium is not always easy – there are rules to follow and several expenses to pay. And now, there is a new law that changes the horizontal property regime. Whoever wants to sell the house must first ask the condominium manager for a statement containing all the condominium fees and any debts to...
29 Nov 2021 min de leitura
The document, it is a diploma that proposes to "facilitate the administration of condominiums, attributing greater responsibility to the administration of condominiums and making life easier for people who live in condominiums", summarized Afonso Oliveira, vice president of the social bench -Democrat when he presented the document at the end of March. But what fundamental changes does this document bring? From the outset, it obliges a joint owner who sells his house to inform the condominium administration, by registered mail, within a maximum period of 15 days before the transaction. If there is no communication, the selling joint owner will be responsible for the amount of expenses inherent to the identification of the new owner and for the charges incurred with late payment of condominium expenses of the fraction that expire after the transaction, refers to the document. On this point, the final text on the responsibilities for charges of the condominium (Article 1424-A) is clear: "The joint owner, for the purposes of entering into a sale agreement of the fraction of which he is the owner, must request a written statement from the administrator which contains the amount of all condominium charges in force, in relation to the fraction, specifying their nature, respective amounts and payment terms, as well as, if any, existing debts, respective nature, amounts, constitution dates and expiration". This declaration must be issued by the administrator within a maximum period of 10 days and even constitutes a “mandatory instructive document of the deed or private document authenticated for the sale of the fraction in question”, the document also refers. Thus, the new bill comes to guarantee that someone assumes the debts of the condominium. In the foreground, it will be the seller to assume the responsibility for your debts. But the buyer can also be responsible for them. The document clarifies that "the responsibility for the existing debts is measured according to the time when it should have been settled, unless the purchaser expressly declares (in the deed or in the private certified document that entitles the sale of the fraction) that it dispenses with the declaration of the administrator, accepting, as a consequence, the responsibility for any debt of the seller to the condominium". After closing the deal, the text clearly states that "the charges with the condominium, regardless of their nature, which fall due on a date after the transfer of the fraction, are the responsibility of the new owner". Source: Idealist news
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