It is legal to charge a higher condominium fee for larger apartments
There is no illegality in charging a higher condominium fee for larger apartments. With this understanding, the 3rd Panel of the Superior Court of Justice dismissed the appeal of the owners of a penthouse in São Paulo who were unhappy with having to pay double the condominium fee. STJ Minister Villas Bôas Cueva, rapporteur of the case, helped maintain the decision of the TJ-SP STJ According to the 3rd Panel, charging the fee linked to the ideal fraction of the unit is legal, as long as it is provided for in the condominium agreement as occurred in the case under analysis. Divergence and CDC Minister Nancy Andrighi and Minister Paulo de Tarso Sanseverino were defeated, who understood the existence of a consumption accident in the fact, which attracts the application of the Consumer Protection Code and figure in the consumption chain.The penthouse owners appealed to the STJ after Binance App Users Data suffering a defeat at the São Paulo Court of Justice, which ruled that the charge was correct because the ideal fraction of the land and common parts corresponding to the penthouse, which has a total area of 519.12 square meters , including three parking spaces, is 20%, while that of the other units (269.56 square meters, with two spaces) is 10%. The owners' objective was to recover the amount of the fee, pointing out the impossibility of paying double simply because the unit is located on the roof of the building. But they were also unsuccessful in the higher court, which upheld the second instance decision in rejecting the appeal.In another case , the gas bottling company was held responsible for an accident involving its distributor.
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The rapporteur of the case, Minister Villas Bôas Cueva, recalled that it is the condominium owner's duty to pay a fee proportional to the ideal fraction, unless otherwise provided in the convention. "By legislative choice, as a rule, the division of the value of the condominium fee is based on the ideal fraction of the real estate unit, and the convention may establish it differently", explained the minister, who made it clear that there is no violation of federal law if the convention stipulates the apportionment of expenses based on the ideal fraction. Jurisprudence and application The issue of holding companies jointly liable for accidents caused by agents has generated disparate decisions in Brazilian courts.
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