Frequently asked questions
What are the tasks of the administrator?
To summon up an Assembly of Residents;
- To elaborate annual budgets for income and expenses and inform the Assembly;
- To manage income flow and regular expenses;
- To demand quotas relating to expenses approved by the Assembly;
- To provide two banks accounts for the condominium: a checking account and a savings/fund account;
- To execute decisions taken by the Assembly;
- To take action in relation to necessary building maintenance and other acts of conservation;
- To regulate the use of common areas and and offer deals in related services;
- Legal Representation of the condo;
- To verify the existence of a fire insurance;
- To insure the execution of legal obligations and transmit relevant legal information related to your condo;
- Inform codos of received notifications from administrative authorities;
- To comunicate any necessary facts related to the condo to non-residents.
Which books should the administration carry?
- Inventory of Common Areas;
- Received/Sent Mail
Who can be the administrator?
- All condo residents;
- Third-parties hired by the Assembly of Residents;
- A company hired by the Assembly.
The administrator can be legally penalized for negligence or breach of trust.
Documentation deliveredby the constructor to the condo administrator
According to art. 1436 of the Civil Code, art. 1 of Decree-Law 267/1994, October 25th, one of the responsibilities of the administrator is to save and keep all documents concerning the condominium. Art. 2 of decree 268/1994, same date, states that all documents and notifications concerning the constitution of the condominium must be kept by the administrator in the form of authenticated copies.
When the constructor/seller grants the administration of the condominium, in the first Assembly meeting, he must deliver all respective documentation.
This delivery must be accompanied by a declaration stating all received documents, signed by both parties, and one of the copies kept by the administrator.
This documentation mentioned above includes:
– Horizontal Property Charter (Public Deed);
– Building plans (including sewage pipes, public water, electricity, gas, etc.);
– Allotment (inc. alterations);
– Residence License;
– Proof by the Municipal Services of how the pipes were tested, and pressure tests completed;
– Proof of how elevators have been inspected (with corresponding inspection stickers placed in each one);
– Eletricity project;
– Water supply project;
– Sewers project;
– Rainwater project;
– Gas supply project;
– R.I.T.A. project;
– Project of telephone installations.
Contracts celebrated with service providers:
Names and addresses of representatives for necessary equipment, such as smoke extractors existant on roofs, elevators, video intercom, satellite dish, fireplaces, etc.
Executive Board Exoneration
“After verifying possible or presumed irregularities (breach of trust, negligence, fraud, etc …) by the administration”… Please, do collect documentary evidence and/or witnesses and present the respective complaint (action) and possibly civil action for damages.
Exoneration of the administrator for the practice of irregularities or negligence:
Article 1485 of the Code of Civil Procedure – (Exoneration of the administrator in the horizontal property)
The process in the previous article is applicable to the judicial exoneration of the administrator of the common areas of the building subject to horizontal property regime, required by any resident based on the practice of irregularities or negligence.
The administrator in the horizontal property can be exonerated by the court, at the request of any resident, when it is shown that he has committed irregularities or acted with negligence upon the exercise of his functions (article 1435 No. 3 of C.C.).
EVENTUAL BREACH OF TRUST
Article 205 (breach of trust) of the Penal Code
1 – Whoever illegitimately appropriates a movable thing that has been delivered to him by a non-translative title of the property shall be punished with imprisonment for up to 3 years or with a fine.
2 – The attempt is punishable.
3 – Criminal procedure depends on complaint.
4. If the thing referred to in paragraph 1 is:
a) Of high value, the agent shall be punished with imprisonment of up to 5 years or with a fine of up to 600 days;
b) Of considerably high value, the agent shall be punished with imprisonment from 1 to 8 years.
5 – If the agent has received the thing in deposit imposed by law by virtue of office, job or profession, or as guardian, custodian or judicial depositary he shall be punished with imprisonment from 1 to 8 years.
In accordance with the provisions of article 1, no. 1 of Decree-Law no. 268/1994, October 25th, minutes of the owners’ meetings, drafted and signed by those who have participated in them, must be drawn up.
In the present case, I especially advise you to read carefully the aforementioned Decree-Law, as well as Article 1432 (6) of the Civil Code.
REPRESENTATION WITHOUT POWERS
ARTICLE 268 Civil Code – Representation without powers
1. The business that a person, without powers of representation, celebrates in the name of another is ineffective in relation to them, if not ratified by the owner.
2. The ratification shall be subject to the form required for power of attorney and shall be retroactive, without prejudice to the rights of third parties.
3. The ratification is denied if not done within the period established by the other party for this purpose.
4. As long as the business has not been ratified, the other party has the right to revoke or reject it, unless, at the time of its conclusion, it was aware of the representative’s lack of powers.
ARTICLE 269 Civil Code
(Abuse of representation)
The provisions of the previous article shall apply in case the representative has abused his powers and if the other party knew or should know of the abuse.
As for the appointment of the administrator:
The appointment/election of the administrator is one of the powers/attributions of the assembly (only if the assembly of joint owners does not elect an administrator can we resort to a provisional administrator, see Article 1435-A) or, if refused, the appointment of the administrator may exceptionally be made by the courts (see the combined interpretation of Article 1435 (1) and 1435a, (1) and 3, all of the Civil Code, Articles 1425 and 1428 of the Code of Civil Procedure).
Moreover, if the appointed person (even if elected by the assembly and/or appointed by the court) does not wish to accept the position, commit irregularities or act with negligence, the owners have to exonerate them (“revoking” the decision that appointed them) (see Articles 1435 and 1435-A of the Civil Code and article 1485 of the Code of Civil Procedure), and may also hold them accountable for possible BREACH OF TRUST or for DAMAGES CAUSED TO THE CONDOMINIUM through their negligent conduct (civil indemnity action).
Code of Civil Procedure
Appointment of condominium administrator by the court:
ARTICLE 1428 – Appointment of administrator on horizontal property
1. The joint owner who seeks the judicial appointment of an administrator of the common areas of a building subject to horizontal ownership shall indicate the person who is considered suitable, justifying the choice.
2. The other joint owners are summoned to contest, who can nominate different people, justifying the nomination.
3. In case there isn’t an agreement, the provisions of paragraphs 2 and 3 of article 1425 shall be observed; in the absence of a disagreement, the person nominated by the applicant shall be appointed.
Exoneration of the administrator for the practice of irregularities or negligence:
Article 1485 of the Code of Civil Procedure – Exoneration of the administrator in horizontal property
The process of the previous article is applicable to the judicial exoneration of the administrator of the common áreas of the building subject to horizontal property regime, required by any joint owner based on the practice of irregularities or negligence.
The administrator in the horizontal property can be exonerated by the court, at the request of any owner, when it is shown that they have committed irregularities or acted with negligence in the exercise of their functions (article 1435 No. 3 of C.C.).
On the other hand:
The duties of the administrator of the nominated condominium are those expressly set out in article 1436, paragraphs a) to m), and the assembly may also assign other ones to it under the first paragraph of said article 1436. In the exercise of its functions, the administrator is also entitled to act in court against any of the joint owners, either AGAINST THIRD, or, in other circumstances, when expressly authorized by the assembly (cf. Article 1437, paragraph 1, C.C.). It also has the duties set out in Decree-Law no. 268/94 of 25 October (see Articles 1, 3 and 2, paragraphs 1 and 2).
Responsabilities of the Administration
The administrator will have his own responsabilities, for example collect, and demand the payment of the quotas, among others… But, on other matters, it needs authorization from the assembly, unless the function has been assigned to him by means of the regulation of the condominium.