Só quem é síndico sabe dos transtornos consequentes da inadimplência – uma das principais dificuldades de sua gestão. Mas como resolver? Em outro artigo, contamos como o condomínio pode agir diante dessa situação, conforme as leis. Outra dúvida pode ocorrer, tanto por parte do síndico, quanto do condômino: é possível ceder desconto para inadimplentes?

É de responsabilidade dos condôminos realizar o pagamento das taxas na data prevista para não comprometer o orçamento do condomínio – além de evitar o acréscimo de eventuais multas por atraso. A regulamentação destes compromissos começa no Código Civil (Art. 1336 e 1.530), reforça-se na Convenção e Regimento Interno, aprofundando em mais detalhes nas decisões registradas nas atas das assembleias.

A concessão de descontos nos valores decorrentes da inadimplência pode abrir precedente para que outros condôminos deixem de pagar em dia e busquem melhores condições de pagamento futuramente. Ao invés de regra virtuosa, cria-se um vício. Ao invés do adimplente ser valorizado, acaba-se passando a impressão oposta, dando-se vantagem para o inadimplente.

Este benefício pode ser visto como enriquecimento ilícito, uma vez que deixar de cobrar o valor acordado seria uma vantagem do inadimplente sobre o adimplente, e o síndico estaria descumprindo um princípio básico de sua função: cumprir e fazer cumprir a Convenção. Assim, no âmbito legal, caso um dos condôminos se sinta lesado e entre com uma ação na justiça, o síndico pode responder civilmente pelos prejuízos causados. E este é transtorno que pode ser evitado.

Mas e se o devedor propuser  uma negociação para pagar a dívida em parcelas?

Se considerarmos o assunto ser debatido em assembleia e em decorrência disto se decidir e formalizar uma regra de negociação que permita a divisão em parcelas, é possível. É regra para ser usada principalmente na fase de cobrança administrativa, ainda que imponha custos adicionais de cobrança ao devedor.

Pelas vias judiciais, o condomínio pode cobrar a dívida do condômino propondo a ação de cobrança própria (Ação de execução de título extrajudicial; ou ainda a antiga Ação de Cobrança – rito ordinário). Com a ação proposta, o inadimplente se sujeitará às custas processuais e honorários advocatícios. O Juiz julgará, após ouvir e considerar as razões das partes, dando o veredito que deverá ser cumprido ou contestado em instância superior.   Infelizmente, o julgamento não é imediato.

Um bom acordo é sempre melhor que uma demanda judicial. Além do que, acordos amigáveis aproximam, quebram resistências. Mas é preciso ter respeito às regras.

Visite a nossa biblioteca virtual para acessar mais materiais que com certeza vão te ajudar em sua gestão do condomínio.

Até a próxima!

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