National jurisprudence admits condominium minutes as an executive title, but there are formal and strict criteria to be respected in order to be considered valid for this purpose.
The buildings, from the moment they come into service, need conservation or maintenance works, which often have to be supported by the condominium, through an extraordinary contribution paid by the owners.
Also, with great frequency it happens that not all the owners fulfill the payment in question afterwards and the condominiums are left with outstanding debts. But there are ways to act in relation to non-compliant owners.
So the question is: What action is possible to take before a joint owner who refuses to pay the amounts related to works carried out?
This issue here proves to be of the utmost importance, corresponding to a very recurring reality and which ends up, in practical terms, by implying an increase in the amounts requested from the condominium owners as general expenses or conservation works deemed necessary.
National jurisprudence has admitted, even very recently, that condominium minutes may be used as an enforcement order against non-compliant owners, meeting some essential requirements.
Within the scope of these judgments, the sustained solution is based on the application of Decree-Law No. 268/94, of 25 October, which expressly establishes the feasibility of the condominium minutes against non-compliant owners.
The necessary requirements:
- The existence of minutes of the general shareholders’ meeting;
That at the said meeting, the amount of contributions due to the condominium or any other expenses necessary for the conservation and maintenance of the common parts, including the payment of common services, was decided;
That such expenses should not be borne by the Condominium, but by each owner, individually considered and duly identified in the minutes;
That there is a default of the owner inserted in the condominium regime, that is, that he fails to pay his share, within the term that has been established.
It is additionally considered by the jurisprudence that, although the non-compliant owner did not sign the date that decided the amount of contributions due and authorized the works or expenses in question, or did not even attend the meeting, this does not call into question the validity of the aforementioned minutes as an enforceable title against that (defaulting member), provided that it has been regularly called for such meeting.
Source: APEGAC.
