consultoria jurídica consultoria jurídica

Veja a importância de uma consultoria jurídica para condomínios

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Na rotina administrativa, o síndico e a administradora precisam lidar com diversas tarefas que exigem conhecimento da legislação, como contratação de funcionários, cobrança de inadimplentes, cumprimento de obrigações fiscais e tributárias etc. Por isso, é importante contar com uma consultoria jurídica para auxiliar na gestão.

Mas você sabe como funciona esse serviço? Isso é fundamental para compreender os benefícios que ele proporciona para o condomínio e como ele pode auxiliar na administração. Para esclarecer o assunto, preparamos este post mostrando o papel da consultoria jurídica e por que ela é importante. Confira!

Qual o papel da consultoria jurídica?

A consultoria é ofertada por advogados especializados em determinada área do direito ou por escritórios que contam com profissionais de diversos ramos. Para os condomínios, o objetivo do serviço é oferecer suporte e soluções rápidas, sempre de acordo com a legislação ou com as decisões judiciais.

Isso é necessário porque, de modo geral, o síndico não tem conhecimento técnico sobre o assunto, o que exige o apoio de profissionais para evitar erros e encontrar as melhores soluções para o condomínio. Além disso, mesmo as administradoras não contam com advogados em sua equipe. Desse modo, ao contratar uma assessoria jurídica, o condomínio conta com um suporte completo para uma gestão de qualidade.

Por que contar com esse serviço no condomínio?

A consultoria jurídica é fundamental para evitar conflitos e prejuízos para o condomínio, pois você terá o apoio profissional na tomada de decisões e no cumprimento de obrigações. Porém, se você ainda tem dúvidas sobre a importância de contar com esse serviço no condomínio, continue a leitura para entender os principais benefícios que esse contrato proporciona.

Elaboração e análise de contratos

Existem diversos contratos envolvidos na gestão de condomínio, referentes às prestações de serviços, empregados e outros itens importantes para a administração. Esse é um documento fundamental, pois estabelece os direitos e obrigações das partes, além de especificar os detalhes do que foi contratado.

Porém, existem casos em que os contratos não cumprem alguns requisitos essenciais, preveem cláusulas abusivas (que podem ser anuladas judicialmente) ou trazem desequilíbrio entre as partes, o que pode resultar em prejuízos para o condomínio.

Com a consultoria jurídica, o síndico poderá esclarecer todas as dúvidas sobre o documento para evitar erros. Além disso, para ter mais segurança, também é possível contar com os advogados para elaborar os contratos.

Auxílio com as obrigações trabalhistas

É bastante comum que o condomínio contrate empregados para desempenhar funções relacionadas à manutenção, limpeza e segurança. Nesses casos, é fundamental cumprir todas as obrigações previstas na Consolidação das Leis do Trabalho (CLT), efetuando os pagamentos corretamente e ficando atento aos direitos do trabalhador.

Esse é um assunto que traz dúvidas, afinal, são diversos itens que devem ser observados, como:

  • horas extras;
  • adicional noturno;
  • adicional de insalubridade ou periculosidade;
  • férias;
  • 13º salário;
  • FGTS;
  • INSS.

Contratando uma consultoria jurídica, você poderá esclarecer todas as dúvidas, desde como fazer o preenchimento da CTPS, quais direitos devem ser observados em cada situação, os pagamentos devidos e como realizar a rescisão do contrato, se for o caso.

Suporte na cobrança de inadimplentes

Todos os meses, é preciso arcar com diversas obrigações financeiras, como despesas das áreas comuns, empregados, prestadores de serviços e outros custos essenciais para o bom funcionamento do condomínio. Portanto, o síndico deve ter um controle sobre os pagamentos e saber como lidar com a inadimplência.

Porém, nem sempre é uma tarefa fácil. Muitas vezes, a cobrança gera constrangimentos para o síndico e o morador, além de poder resultar em pequenos conflitos. Aqui, o apoio profissional é fundamental. Os advogados atuam em todas as etapas de cobrança, desde a notificação do devedor até a ação judicial, se for o caso.

Envio de notificações

Após identificar a inadimplência, o ideal é implementar medidas de cobrança extrajudicial, com o envio de notificações para o devedor. Isso pode ser feito pelo próprio síndico, mas quando elas são elaboradas por advogados, elas costumam surtir mais efeito. O fato é que, ao ver que existem advogados envolvidos no procedimento, os condôminos ficam mais intimidados e preocupados com uma eventual ação judicial. Assim, as notificações costumam ser mais efetivas.

Negociação com o condômino inadimplente

Muitas vezes, o processo de negociação é fundamental para resolver a inadimplência. Afinal, o atraso pode ser devido a um problema pontual e dificuldades financeiras. Portanto, saber negociar é importante para encontrar uma solução adequada. Com conhecimento sobre a lei e experiência na mediação de conflitos, os advogados contam com as habilidades necessárias para negociar com o condômino da melhor forma, evitando atritos e o desgaste no relacionamento do síndico com os moradores.

Cobrança judicial

Se as medidas extrajudiciais não resolverem o problema, o condomínio terá que entrar com uma ação de execução para cobrar o débito. Nessa situação, contar com um advogado é essencial para identificar o momento ideal de entrar com o processo e realizar os procedimentos necessários.

Apoio nas ações judiciais

A cobrança da taxa condominial não é a única ação judicial que pode ser ingressada pelo condomínio. Existem outras situações que podem exigir essa medida para garantir todos os seus direitos.

Caso alguém cause danos ao condomínio, por exemplo, é preciso tomar certas medidas para recuperar os prejuízos e, muitas vezes, a ação judicial é essencial para isso. O advogado indicará os possíveis caminhos e, se for o caso, poderá ingressar com o processo.

Outro ponto importante é que, mesmo com ações preventivas, o condomínio pode ser alvo de uma ação judicial. Aqui, o suporte profissional é essencial para analisar os direitos do condomínio, os riscos da ação e apresentar uma defesa. Afinal, em caso de condenação do condomínio, todos os condôminos são responsabilizados pelos valores.

Ajuda na gestão de conflitos

Infelizmente, durante a gestão do condomínio, o síndico pode se deparar com situações de conflitos. Se isso acontecer, é fundamental conhecer os direitos das partes e saber como intervir da melhor forma.

Com esse serviço, você tem acesso a advogados especializados para esclarecer as dúvidas e auxiliar na busca por soluções práticas para esses casos. O apoio profissional também evita que o síndico tome medidas contrárias à legislação, ponto fundamental para não ter problemas judiciais com os condôminos.

Viu só? A consultoria jurídica traz diversos benefícios para o condomínio, principalmente na prevenção de problemas. Portanto, procure um escritório especializado para prestar todo o suporte necessário na busca pelas melhores soluções.

Se você gostou deste post e está em busca de uma assessoria jurídica especializada, entre em contato conosco e conheça as soluções da Falleiros Advocacia para o seu condomínio!

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