Consequências de um Condomínio mal administrado

Independente do tamanho do condomínio em que você mora, ele precisa ser bem administrado. Uma gestão feita sem embasamento legal e sem os necessários conhecimentos administrativos  atinge consequências e dores de cabeças inimagináveis. Um condomínio mal administrado se torna um condomínio de alto custo, por vezes triplicando o valor da taxa ordinária (veja aqui o que é essa taxa e o que ela cobre). Outra consequência da má gestão é a desvalorização do imóvel, havendo casos em que essa queda atinge 30%. Não queira ser o síndico responsável por tais declínios.

Se você não tem conhecimento sobre as leis e condutas que regem a administração do condomínio, conte com uma administradora de condomínios (Veja como contratar uma administradora de condomínios) ou, antes de assumir o cargo, aprenda tudo o que você precisa (Baixe o ebook: O Guia do síndico).

Por que um condomínio mal administrado pode triplicar a taxa ordinária? 

A melhor forma de explicar as consequências do aumento da taxa é citando exemplos. Houve um caso em São Paulo, onde o síndico trocou a empresa responsável pela manutenção dos elevadores para pagar três vezes menos. A princípio pareceu uma manobra positiva para vida saudável das finanças do condomínio. O que o síndico não se deu conta, por não entender do assunto e não ter feito a devida avaliação do contrato, foi o tipo de serviço prestado por essa nova empresa, que ao contrário da antiga, não realizava a manutenção dos elevadores, mas sim e apenas a sua conservação. O contrato da empresa anterior incluía peças, que se deterioraram aos cuidados da nova prestadora de serviço. A consequência disso foi um contrato duas vezes mais caro após alguns meses.

E por que um condomínio mal administrado pode desvalorizar o imóvel?

Em outro caso, também em São Paulo, o Síndico começou uma economia imediata ao contratar uma cooperativa responsável por gerir a mão de obra em substituição aos funcionários contratados diretamente. Uma medida dessa pode sim trazer benefícios financeiros ao condomínio, mas o processo deve ser muito bem feito e existem diversas leis que devem ser levadas em conta. Sem esse devido preparo, logo começaram as ações trabalhistas. O síndico renunciou ao cargo deixando essa dívida na conta do prédio.

As intenções, em ambos os casos, foram as melhores possíveis, mas a falta de conhecimento trouxe resultados inesperados: prejuízos financeiros e condomínio mal administrado. As medidas tomadas resultaram no fracasso dos síndicos.

Por que é fundamental o conhecimento sobre as leis que regem o condomínio?

Apesar de não ser exatamente empresa, condomínio precisa de procedimentos tão estruturados quanto os das empresas, principalmente por causa de suas responsabilidades legais:

Prestar contas, contratar o seguro da edificação, realizar obras conforme o quórum estabelecido (baixe aqui o kit para o funcionamento de obra segundo a norma ABNT) etc;

  • Obrigações referente aos funcionários, como: Programa de Controle Médico e Saúde Ocupacional (PCMSO), Relação Anual de Informações Sociais (Rais), Comissão Interna de Prevenção de Acidentes (CIPA), Contribuições Sindicais, FGTS, INSS, PIS, DIRF, etc;
  • Obrigações referentes à estrutura, como: Limpeza da caixa d’água, emissão de laudo técnico de pára-raios, manutenção de elevadores, gestáo predial, etc.
Quais as atitudes do Síndico podem levá-lo a responder civil e criminalmente? 

É necessário ao síndico um amplo conhecimento das leis que regem o condomínio e de suas obrigações legais. Entre as práticas indevidas, irregulares, ou ilegais, que se cometidas podem levá-lo a responder civil e criminalmente, estão:

  • – Realizar obras sem a devida autorização;
  • – Não prestar contas;
  • – Desvios financeiros;
  • – Não cobrar os devedores;
  • – Não manter o seguro obrigatório atualizado;
  • – Não realizar as manutenções necessárias, etc.
Algumas dicas para garantir a transparência da gestão do Síndico e evitar um condomínio mal administrado: 
  • – Prestar contas mensalmente ao conselho fiscal (Veja aqui como prestar contas);
  • – Distribuir o demonstrativo financeiro juntamente com o parecer do conselho fiscal;
  • – Realização de assembleias periódicas muito bem organizadas (veja como ter uma assembléia de sucesso);
  • – Consultar o conselho consultivo, principalmente nas situações graves e inesperadas (“mais cabeças pensam melhor que apenas uma”);
  • – Rever a atuação dos funcionários e sua escala de trabalho;
  • – Contratar apenas prestadores de serviços que utilizem nota fiscal;
  • – Elaborar laudo de vistoria estrutural periódica, etc.
Atenção!

Administrar um condomínio não é tarefa simples. Além das boas intenções do síndico que assume a gestão, é necessário conhecimento administrativo e jurídico para cumprir com todas as obrigações. A falta de qualquer recolhimento tributário, por exemplo, seja em detrimento dos funcionários ou prestadores de serviço, pode levar o condomínio a grandes dívidas e resultar no aumento da taxa ordinária e a problemas de longo prazo, como a desvalorização das unidades.

E a quem posso recorrer?

Se você é um síndico calouro, sugira ao condomínio a contratação de uma administradora de condomínios (veja aqui como contratar), ou síndico profissional, ou assistente jurídico para  te auxiliar quanto à Lei, e com boas práticas de conduta administrativa, e assim evitar prejuízos.

Fora o prejuízo financeiro, considere que as pessoas se revoltam com desorganização, desvios de recursos, aumento de taxas devido a prejuízos. Não queira experimentar as emoções da revolta da comunidade. A comunidade revoltada ou desunida é o pior prejuízo.

Se a sua intenção é se tornar um síndico, ou se você está começando, procure estudar e tenha certeza de suas ações (Veja aqui o curso para Síndicos e Conselheiros iniciantes)

Até a próxima!

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