condomínio condomínio

As modalidades de constituição do condomínio edilício

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Um condomínio edilício é diferente de um condomínio comum e o que diferencia um do outro é a sua forma de instituição. Em um condomínio comum tem-se uma única matrícula e não existem individualizações, enquanto em um condomínio edilício cada proprietário tem sua própria matrícula do imóvel e detém uma parte exclusiva da construção — além da parte que compartilha com outros condôminos.

Considerando o tipo de construção do condomínio edilício, ela pode ser:

• Vertical — na forma de prédio,

• Horizontal — na forma de condomínio residencial.

Seja qual for, é importante que esteja de acordo com o art. 7º da lei nº 4.591/64 e seja obrigatoriamente registrada no Cartório de Registro de Imóveis discriminando a individualização das unidades de cada proprietário, as partes comuns e os fins a que se destinam as unidades.

Modalidades de constituição do condomínio edilício:

• Ato unilateral — um único proprietário de um imóvel decide por sua conta separá-lo em unidades autônomas seja para fins de venda, alienação ou outros.

• Testamento — aquele que queira tem o direito de fazer seu testamento dividindo seu imóvel, desde que possua um com possibilidade de divisão em unidades autônomas, devendo esse ser individualizado em partes com respectivas frações ideais e áreas comuns que instituíam o condomínio. Assim, as unidades são destinadas a herdeiros e legatários.

• Acordo — quando duas ou mais pessoas possuem um terreno e desejam fazer construções atribuindo, desde o início, a cada um as unidades futuras. É essa a modalidade mais comum de constituição.

• Decisão judicial — pode ocorrer quando há necessidade de solução de disputas judiciais. Sendo assim, por força da justiça o juiz poderá determinar a instituição de um condomínio.

Somos um escritório especializado em soluções para administradoras de condomínios. Acesse o nosso blog e confira outros conteúdos!

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