Condominium fees and rules in Brazil: the legal basics

How the fee is set

The assembly of owners approves the budget and the contributions every year. Article 1.350 requires the manager (síndico) to call an annual assembly “to approve the expense budget, the contributions of the owners and the accounts”, and to elect a replacement if needed. If the manager does not call it, one quarter of the owners can. The manager may be a non-owner and serves up to two years, renewable (article 1.347). The convention must state each owner’s share and the payment method (article 1.334, I); if it says nothing different, the share follows the ideal fraction of the unit.

The ordinary assembly decisions need, on first call, a majority of votes of the owners present who represent at least half of the ideal fractions; on second call a majority of those present (articles 1.352 and 1.353). Votes follow the ideal fractions unless the convention provides otherwise. An owner with unpaid contributions cannot vote (article 1.335, III).

Late payment: the current rule

Article 1.336, paragraph 1 (wording of Lei 14.905/2024): an owner who does not pay “will be subject to monetary correction and to the default interest agreed or, if not provided, the interest established in article 406 of this Code, as well as a fine of up to 2 percent of the debt”. Article 406 then says that, absent an agreed rate, the legal rate is the Selic rate less the monetary-correction index (paragraph 1); the calculation method is set by the National Monetary Council and published by the Central Bank (paragraph 2). Two practical points:

• the fine ceiling is 2 percent: on a debt of R$ d, at most 0.02 × d (for example R$ 20 on R$ 1,000, a calculation to show the ceiling);
• the interest is whatever the convention says, or the legal rate; do not accept a collection notice that adds “1 percent a month” without checking the convention, as guides before 2024 often did.

Other breaches (works that endanger the building, changing the façade, misuse of the unit or harming neighbours) are fined as the convention provides, up to five times the monthly contribution (paragraph 2). Repeated breaches can lead to a fine of up to five times the contribution by a three-quarters vote of the others, and anti-social conduct up to ten times (article 1.337).

Collecting unpaid fees

Contributions set by the convention or approved by the assembly, “when documented”, are an extrajudicial enforceable title under the Code of Civil Procedure (article 784, X). That lets the condominium go straight to an enforcement action instead of a lengthy lawsuit. The debt also follows the unit: the buyer of a unit answers for the seller’s debts to the condominium, including fines and interest (Civil Code, article 1.345). A buyer should therefore request a statement of no condominium debt before signing; see buying in a condominium and due diligence certificates. The family-home protection does not stop enforcement for debts “of taxes and charges due on the family property” (Lei 8.009, article 3, IV); see bem de família.

Works and common areas

Article 1.341: voluptuary works (embellishments) need two-thirds of the owners’ votes; useful works need a majority; necessary works can be done by the manager without authorisation (by any owner if the manager fails to act), except that non-urgent necessary works involving excessive expense need the assembly’s prior authorisation (paragraph 3). A new floor or building on the common ground needs unanimity (article 1.343). Changing the convention or the use of the building or unit needs two-thirds (article 1.351); see short-term rentals in condominiums. The Code also makes fire insurance of the whole building compulsory (article 1.346).

Who pays in a lease

Under Lei 8.245, a tenant pays ordinary condominium expenses (staff and their charges, water, gas and electricity in common areas, cleaning and upkeep, lifts, small repairs, and top-ups of the reserve fund spent on those items), if the budget line and monthly apportionment are shown, and may demand proof at any time (article 23, XII and paragraphs 1 and 2). The landlord pays extraordinary expenses, such as structural works, façade painting, safety, telephone, intercom, sport or leisure equipment, decoration and landscaping of common areas, and the creation of a reserve fund, and indemnities for staff dismissed before the lease started (article 22, X and its single paragraph). Check what your lease says for the items the Act leaves open.

Which professional to consult

A lawyer registered with the OAB can check the convention and the assembly minutes, and act in a collection case (see the property lawyer page). A professional property administrator or the building’s manager can explain the budget lines. When buying, the broker and lawyer should ask for the convention, the last assembly minutes and a statement of debts.