direitos e deveres do síndico direitos e deveres do síndico

Descubra todos os direitos e deveres do síndico no condomínio!

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Conhecer os direitos e deveres do síndico é essencial antes de assumir o cargo. Essa é uma função importante para uma boa administração do condomínio, o que envolve tarefas como o controle de contas, a contratação de serviços, a intervenção em eventuais problemas entre os moradores, entre outras.

Essa é uma grande responsabilidade e nem sempre é fácil lidar com todas as funções. Por isso, é essencial compreender quais são os direitos e as obrigações do síndico, além das maneiras de lidar com todas as tarefas da melhor forma.

Para ajudar, preparamos este texto esclarecendo as principais dúvidas sobre o assunto. Confira!

Quais são os direitos do síndico?

Os direitos do síndico variam de acordo com a convenção do condomínio e o tipo de síndico escolhido. Se for síndico profissional, ele deverá ser remunerado, conforme estipulado em contrato de prestação de serviços.

Quando o síndico é morador, é comum que a convenção conceda a isenção do pagamento da taxa condominial, como forma de remunerar o serviço, mas também é possível estabelecer outros benefícios. Ele também deve ter os seus momentos de descanso e dedicação a outras atividades respeitados pelos moradores. Afinal, essa função não é o seu trabalho principal. Aqui, o bom senso dos condôminos é fundamental.

O artigo 1.347 do Código Civil deixa claro que mandado não será superior a 2 anos, mas ele pode ser renovado. Vale lembrar que a lei não traz limites em relação à reeleição.

Finalmente, ele pode transferir os poderes de representação do condomínio e a função administrativa a terceiros, de forma total e parcial, mediante aprovação em assembleia, exceto caso tenha disposição em contrário na convenção.

Quais são os deveres do síndico?

O artigo 1.348 do Código Civil elenca as obrigações do síndico. Entenda quais são:

  • convocar assembleia;
  • cumprir e fazer cumprir as disposições da convenção, do regimento interno e das assembleias;
  • representar o condomínio em juízo ou fora dele;
  • informar imediatamente à assembleia caso exista procedimento judicial ou administrativo de interesse do condomínio;
  • diligenciar a conservação e a guarda das áreas e dos equipamentos de uso comum;
  • elaborar o orçamento anual;
  • cobrar as taxas condominiais dos condôminos, com a cobrança de multas em caso de atrasos;
  • prestar contas em assembleia anualmente e sempre que for exigido;
  • zelar pela prestação de serviços que interessem aos moradores;
  • contratar o seguro edificação.

Observar essas obrigações é essencial para uma boa administração condominial. O descumprimento dos deveres pelo síndico pode resultar na sua destituição, mediante votação em assembleia. Além disso, ele pode ser responsabilizado judicialmente por eventuais danos causados.

Como lidar com todos os direitos e deveres do síndico?

Nem sempre é fácil cumprir todas as obrigações previstas na legislação. Por exemplo, exigir o cumprimento da convenção condominial e aplicar penalidades nos moradores pode gerar alguns atritos.

Contudo, é fundamental que o síndico invista em ferramentas para auxiliar na gestão e no cumprimento de todas as suas obrigações. Manter uma boa comunicação com os condôminos, realizar as assembleias e trabalhar na conscientização sobre os direitos e deveres de todos os moradores é um passo importante para facilitar a administração do condomínio.

Como a atividade envolve conhecimentos técnicos e jurídicos, inclusive com algumas medidas judiciais, também é importante ter suporte profissional de um advogado especializado. Isso é fundamental para evitar erros e aplicar as medidas preventivas, a fim de garantir uma boa gestão.

Como vimos, conhecer os direitos e deveres do síndico é fundamental para desempenhar essa função corretamente. Isso aumenta o bem-estar dos moradores e proporciona uma boa administração para o condomínio.

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