Destituição de síndico: como afeta o síndico, condomínio e condôminos?

4 minutos para ler

A administração de um condomínio é coisa séria! Para interromper condutas abusivas, a lei prevê a possibilidade de destituição de síndico. Trata-se de medida drástica e que interfere na vida de todos. Para que o procedimento seja feito da forma correta, deve-se seguir o que está descrito no Código Civil e também as normas da convenção de condomínio e regimento interno.

Quer conhecer as hipóteses desse tipo de remoção? Continue a leitura e entenda mais sobre como a destituição de síndico pode acontecer e o que é preciso fazer para evitá-la.

O que é destituição de síndico?

Essa expressão se refere a retirar uma pessoa do cargo de síndico. Isso acontece por meio de um procedimento previsto em lei e exige a convocação de uma assembleia para a votação do assunto.

Em quais situações a destituição de síndico pode acontecer?

O síndico tem uma série de obrigações com o condomínio que, se não seguidas, podem causar sua destituição. Os principais deveres do síndico são os seguintes:

  • deixar de realizar a devida prestação de contas;
  • praticar irregularidades na gestão, como crimes ou atos ilícitos. O exemplo mais comum dessa conduta é o desvio de verbas do condomínio para o pagamento de despesas particulares;
  • deixar de convocar as assembleias no prazo legal ou regimental;
  • não tomar providências para representar o condomínio em juízo ou deixar de informar aos condôminos a existência de ação judicial que possa causar a responsabilização financeira do condomínio;
  • não contratar o seguro para o condomínio;
  • desobedecer o disposto nas leis, na convenção de condomínio e no regimento interno;
  • ignorar as deliberações da assembleia geral;
  • não realizar a cobrança dos condôminos inadimplentes;
  • deixar de preservar as áreas comuns do condomínio.

Como é feita a assembleia?

Para que o síndico seja destituído é necessário que, pelo menos, um quarto dos condôminos convoque uma assembleia geral com essa finalidade específica. Só podem convocar e votar em assembleia os condôminos que estejam em dia com suas obrigações condominiais. A convocação contendo dia, horário e assuntos a tratar deve ser publicada em edital afixado no condomínio e enviada por carta aos condôminos. No dia da assembleia, a votação da destituição de síndico precisará apenas da maioria dos presentes para que seja aprovada.

Se houver previsão de nova eleição de síndico, na mesma assembleia ela será feita. Caso contrário, o subsíndico ou o suplente da última eleição assumirá a condução do condomínio até a escolha do novo administrador.

Como evitar a destituição?

A melhor forma de evitar uma destituição de síndico é a boa gestão. Para isso, ele deve observar os deveres previstos em lei, especialmente o conteúdo do artigo 1.348 do Código Civil e o artigo 22 da Lei 4.591/64. Além desses dois dispositivos legais, a Convenção de Condomínio e o Regimento Interno trarão as normas específicas que devem ser seguidas.

A melhor maneira de evitar uma destituição de síndico é conhecer os deveres inerentes ao cargo e cumprir com as obrigações legais. Em caso de dúvidas sobre como proceder, o ideal é buscar um auxílio técnico especializado para aprender a agir corretamente e evitar problemas com os condôminos.

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