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Everything you need to know about the condominium law
If you live in a condominium, it is important to be aware of the law that regulates the rights and duties of the condominium owners. In 2022, the legislation underwent important changes in the horizontal property regime, impacting situations such as construction, noise, meetings, real estate sales, among others. Find out in detail.
What is the condominium law in force?
The legislation in force for condominiums, established by Law No. 8/2022, amended the Civil Code, Decree-Law No. 268/94 of October 25 and the Notary Code, having entered into force in April 2022. This law covers rules on works, common expenses and functions of the administrator. In a condominium, although each fraction has a different owner, everyone shares responsibility for the common areas, which makes it essential to know these regulations.
Main changes introduced by the condominium law in force
The last update to the condominium law, in April 2022, introduced several important changes to the horizontal property regime, established in Decree-Law No. 268/94, of 25 October, in the Civil Code and in the Notary Code:
1. Declaration of charges for sales: currently, it is mandatory for the administrator to issue a statement attesting that there are no debts associated with the fraction for sale
2. Liability for debts: the new owner is only responsible for the condominium's debts that arise after the acquisition of the fraction. Previous debts are the responsibility of the seller
3. Expenses with common areas: unless otherwise specified, only the joint-owners who approved the works in the common areas are responsible for the expenses
4. Urgent works: the situations in which urgent works can be carried out in the common areas are clarified to avoid damage or risks
5. Online meetings: whenever the condominium administration so determines or the majority of the condominium owners request it, condominium meetings can now be called and held by videoconference and the sending of notifications by email is allowed
6. New functions of the administrator: he now has increased responsibilities, such as, for example, ensuring the existence of a reserve fund, demanding overdue dues and presenting three budgets for extraordinary works.
What is the condominium regulation?
It is nothing more than a set of internal rules that govern the use of common areas, the behavior of the condominium owners and the way the condominium is managed. This regulation may include rules on quiet hours, use of spaces such as garages or gardens and even issues related to carrying out works in the fractions. The document is usually approved at a meeting of the condominium owners and can be changed according to the needs that arise.
Can the condominium regulation be changed?
The answer is yes. To this end, if the regulation is included in the constitutive deed (notarial deed that defines the building in fractions and common spaces), it is discussed whether it can only be changed by unanimous vote or if it can be changed by simple majority. If the regulation is included in the constitutive title, the majority necessary for the amendment of each article of the regulation must be respected.
What does the condominium law say about works?
When it comes to works in the common areas, the execution must be approved at a meeting of the condominium owners, and the expenses are distributed according to the percentage of each fraction.
In those considered "urgent works", such as repairs to roofs or stairs, these can be done without prior authorization from the assembly, as long as they are essential to avoid major damage or risks to the condominium owners. These interventions may be carried out by the administrator or by any joint-owner in case of impediment or absence of the administrator.
As for expenses, the new owners of fractions are not responsible for works in the common areas decided before acquiring the property. The responsibility lies with the previous owner.
And what about noise?
Noise is one of the main causes of conflicts between condominium owners. The law does not directly establish noise limits for condominiums, but the General Noise Regulation is generally applied, present in Decree-Law No. 9/2007, which defines quiet hours at night between 11:00 pm and 7:00 am. The condominium regulations may, however, define more restrictive rules for quiet hours, and must be respected by all condominium owners.
In the event of a disturbance of peace, the affected joint-owner may ask the administrator to intervene to mediate the conflict or, in serious and repeated cases, appeal to the authorities.
Condominium insurance: is it mandatory?
Yes, the law requires the existence of fire insurance for the building under the horizontal property regime, which must cover the common areas and individual fractions. However, many condominiums choose to take out multi-risk insurance that covers a broader set of dangers such as flooding or damage caused by natural phenomena. It is important to check what the condominium insurance covers, because, in some cases, owners may want to supplement it with individual insurance for their fractions.