Guide · New builds and condominiums

Buying in a condomínio in Brazil: debts, rules, votes

What a buyer of a Brazilian apartment or condominium unit inherits: the seller's condo debts, late-fee cap, convention, assembly quorums and garage rules.

In short

Most Brazilian apartments are in a condomínio edilício (a building where units are owned individually and common areas jointly), governed by articles 1,331 and following of the federal Civil Code. A buyer answers for the seller’s debts to the condominium, including fines and late interest (art. 1,345), and late fees carry a fine of at most 2% plus correction and interest (art. 1,336, since Lei 14.905/2024). Changing the convention or the building’s use needs two-thirds of the votes (art. 1,351). The monthly fee amount is set by each condominium, not by law.

What you own and what you share

Article 1,331 separates exclusive property (apartments, offices, shops) from common parts (land, structure, roof, general water, sewage, gas and electric networks, access to the street). Each unit carries an inseparable ideal fraction of the land and common parts (paragraph 3). Common parts cannot be sold or divided separately (paragraph 2). The same article restricts vehicle shelters: they cannot be sold or rented to people outside the condominium unless the convention expressly allows it (paragraph 1). A buyer who wants a garage space should read the convention and the matrícula to see how the space is held.

The convention and the internal rules

The condominium is instituted by an act registered at the property registry (art. 1,332) that describes the units, fixes the ideal fractions and states the purpose of the units. The convention must be signed by holders of at least two thirds of the ideal fractions, and binds anyone who owns, possesses or holds a unit (art. 1,333). To be enforceable against third parties it must be registered at the registry. The convention sets (art. 1,334) the share of each owner in the expenses and how they are paid, how the building is run, the powers of the assembly, the sanctions and the internal rules. Promissory buyers and assignees of rights are treated as owners for these purposes (art. 1,334, paragraph 2). Ask for the convention and internal rules before buying, since the convention and the internal rules (regimento interno) are where the building’s own obligations and sanctions are written; for the question of letting a unit, see short-term rentals in condominiums.

Condominium fees and what happens if they are unpaid

Each owner pays the expenses in proportion to the ideal fraction, unless the convention says otherwise (art. 1,336, item I). An owner who does not pay owes monetary correction and the interest agreed or, if none was agreed, the legal rate of article 406, plus a fine of up to 2% of the debt (art. 1,336, paragraph 1, in the wording of Lei 14.905/2024, in force 60 days after its publication on 1 July 2024). Older texts mention interest of 1% per month; they predate this change. Other breaches carry the fine in the convention, capped at five times the monthly contribution (paragraph 2). The manager (síndico) collects the contributions and fines (art. 1,348, item VII). See condominium fees and rules.

The seller’s debts follow you

Article 1,345 says the buyer of a unit answers for the debts of the seller to the condominium, including fines and late interest. In a judicial sale, the Code of Civil Procedure (art. 908, paragraph 1) says that credits attached to the property, including propter rem debts (debts that follow the property), are taken from the sale price. In a fiduciary auction, Lei 9.514/1997 art. 27 includes condominium contributions in the amount the second auction must cover (paragraph 2). For a buyer in an ordinary sale, the practical step is to obtain proof of payment from the condominium before closing; the certificates are described in due-diligence certificates.

Votes and decisions

DecisionMajority neededArticle
Change the convention, or the building’s or unit’s useTwo thirds of the votes1,351
Useful worksMajority of owners1,341, item II
Luxury works (voluptuárias)Two thirds1,341, item I
Additions to common partsTwo thirds1,342
Ordinary decisions, first callMajority of those present, representing at least half the ideal fractions1,352
Ordinary decisions, second callMajority of those present1,353

Votes are proportional to ideal fractions unless the convention says otherwise (art. 1,352, single paragraph). Necessary repairs may be done without authorization by the manager, or, if the manager fails, by any owner (art. 1,341, paragraph 1). The manager serves for at most two years and may be renewed (art. 1,347) and does not have to be an owner.

Insurance and lots

The whole building must be insured against fire or destruction (art. 1,346). A condomínio de lotes (a condominium of plots, art. 1,358-A) is a separate form in which parts of land are owned exclusively and parts jointly, with the rules of the building condominium and, for the developer, of the incorporation regime applied as far as they fit.

What it costs

The monthly fee is fixed by each condominium and not published in the law. Purchase costs (ITBI, deed, registration) depend on the city and the state: see closing costs in Brazil and the purchase costs calculator. A fine on late fees is at most 2% of the debt.

Which professional to consult

A lawyer registered with the OAB can read the convention and the condominium accounts, and an engineer or architect can inspect the building. The reader checks registrations on official registers. For the process as a whole, see buying a home in Brazil step by step.

Frequently asked questions

Do I inherit the previous owner’s condominium debts?

Yes. Article 1,345 of the Civil Code makes the buyer answerable to the condominium for the seller’s debts, including fines and late interest.

What is the maximum late fine?

2% of the debt, plus monetary correction and interest (art. 1,336, paragraph 1).

Can I sell my parking space to a neighbour in another building?

Not if it is a vehicle shelter and the convention does not allow sale to outsiders (art. 1,331, paragraph 1).

What majority changes the convention?

Two thirds of the votes (art. 1,351, since Lei 14.405/2022).

Does the manager need to be an owner?

No (art. 1,347).

More guides on new builds and condominiums

Sources

All guides · Payotte Brazil