Como é a relação Síndico, condôminos, construtora e administradora em novos condomínios?

Os moradores estão cada vez mais ligados nas funções do síndico, eles participam mais, cobram mais e esperam mais. A cada nova eleição, a expectativa aumenta. Agora, imagine toda essa expectativa pelo novo síndico, somada a expectativa de anos esperando a construtora entregar o novo condomínio?

Todos ficam ansiosos para se instalar, se relacionar com os demais moradores e começar uma nova vida. Essa expectativa também existe pelo lado da construtora, que deseja ver seu novo empreendimento funcionando. A construtora faz a convocação dos proprietários para a 1ª assembleia, dita de instalação, para formalizar a entrega do condomínio construído, realizar a eleição da gestão administradora (síndico, conselhos, ou empresa administradora de condomínios) e votar o orçamento inicial (dito de enxoval).

Se durante a construção do condomínio, a construtora já havia contratado administradora de condomínios, é claro que após a entrega do empreendimento, os moradores podem escolher uma nova administradora, assim como podem decidir continuar com a mesma. No início, havendo boas relações entre a construtora e os condôminos, dar continuidade às várias tarefas com os profissionais já selecionados pode facilitar a implantação do condomínio. Mas não esqueça : o síndico-proprietário, o síndico profissional ou a empresa administradora devem ser elegidos, e não apenas indicados. As decisões devem ser tomadas em assembléias, conforme pede o artigo 1.347 / 1.348 do código civil.

Como síndico de um condomínio novo, é preciso muito cuidado e excelência para administrar toda essa expectativa da melhor maneira possível. O síndico precisa atender os anseios dos novos moradores, buscar boa realação com a construtora,  e com os diversos fornecedores de serviços e produtos com os quais o condomínio começa a trabalhar.

O que cabe ao síndico fazer?

| “Art. 1.347. A assembleia escolherá um síndico, que poderá não ser condômino, para administrar o condomínio, por prazo não superior a dois anos, o qual poderá renovar-se.”

| “Art. 1.348. Compete ao síndico:

I – convocar a assembléia dos condôminos;

II – representar, ativa e passivamente, o condomínio, praticando, em juízo ou fora dele, os atos necessários à defesa dos interesses comuns;

III – dar imediato conhecimento à assembléia da existência de procedimento judicial ou administrativo, de interesse do condomínio;

III – dar imediato conhecimento à assembléia da existência de procedimento judicial ou administrativo, de interesse do condomínio;

IV – cumprir e fazer cumprir a convenção, o regimento interno e as determinações da assembléia;

V – diligenciar a conservação e a guarda das partes comuns e zelar pela prestação dos serviços que interessem aos possuidores;

VI – elaborar o orçamento da receita e da despesa relativa a cada ano;

VI – elaborar o orçamento da receita e da despesa relativa a cada ano;

VII – cobrar dos condôminos as suas contribuições, bem como impor e cobrar as multas devidas;

VIII – prestar contas à assembléia, anualmente e quando exigidas;

IX – realizar o seguro da edificação.

IX – realizar o seguro da edificação.

§ 1o Poderá a assembléia investir outra pessoa, em lugar do síndico, em poderes de representação.

§ 2o O síndico pode transferir a outrem, total ou parcialmente, os poderes de representação ou as funções administrativas, mediante aprovação da assembléia, salvo disposição em contrário da convenção.”

Caso os condôminos optem por uma nova administradora de condomínios, a construtora não deve oferecer resistência à decisão. Agora, o empreendimento não é mais dela e sim dos proprietários-gestores.

Lembrando que o fundamental é que o que síndico e a administradora defendam os interesses do condomínio.

Se for decidido pela contratação de um síndico profissional, o contrato será definido pela assembleia, assim como a escolha do contratado. A lei estabelece até dois anos para o cumprimento do mandato.

Você, síndico ou morador, está passando por algum momento parecido no seu condomínio? conte pra gente, faça perguntas!

Até a próxima!

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