Spaces that are used collectively, such as condominiums, require a representative to manage the processes and be responsible for various aspects of the overall operation. Therefore, the question that lingers among those elected to the position or wishing to run for office, including condominium owners, is what the building manager’s responsibilities are.
Far from being able to dictate as they please, the property manager has legal responsibilities and duties that must be fulfilled for the property to function smoothly. To answer these questions, Engepred created this article to clarify the property manager’s responsibilities.
What is the role of the trustee?
The building manager is legally responsible for the condominium and can be a resident or a professional who knows how to manage all condominium management matters. Topics such as leaks, construction work, disputes between neighbors, choosing a property manager, budgets, and defaults will be handled by the building manager, with the goal of delivering solutions and results.
From this perspective, the building manager plays the role of defending common interests, fulfilling the duties of the Convention and Internal Regulations , and maintaining financial balance, security, order, and cleanliness. Therefore, the minutes of the assembly meeting for the election of the representative must include the term of office, which can be up to two years, and must be registered with the notary. It is worth noting that the building manager is not an employee of the condominium, even if they receive compensation for their duties. Therefore, labor laws do not apply to the position.
What are the legal functions of a condominium manager?
According to Article 1,348 of the Civil Code, the trustee’s role is to “actively and passively represent the condominium.” The Code establishes a series of legal obligations for this condominium representative, including:
- Call the condominium owners’ meeting;
- Immediately inform the assembly of the existence of a judicial or administrative procedure in the interest of the condominium;
- Comply with and enforce the convention, internal regulations and assembly decisions;
- Provide conservation and maintenance services for common areas;
- Prepare the revenue and expenditure budget for each year;
- Charge condominium owners their contributions, as well as impose and collect any fines due;
- Report to the assembly, annually and when required;
- Respect the minimum votes for meetings and assemblies;
- Insure the building.
In short, the building manager’s responsibilities include maintaining essential services such as security and condominium maintenance , as well as making payments to employees, fees, contributions, and taxes. The building manager is also responsible for hiring service providers for cleaning, painting, and maintenance.
Tips for good condominium management
Managing a condominium is no easy task. Considering the main responsibilities and functions of the building manager, following some tips and guidelines can make condominium administration easier.
Therefore, one of the first steps is to have control over the condominium’s documentation to keep up to date with regular maintenance, building insurance, payments, and fees. In fact, cash flow is essential for planning the condominium’s accounts and financial transactions. Condominium funds are collective funds and must be managed responsibly.
It is recommended to set aside a portion of the revenue for emergencies, as this can help maintain finances within the budget approved by the assembly, as unexpected maintenance projects often exceed the budget.
Understanding the condominium’s internal regulations and rules, which are established as the constitution of the space, can inform the decisions that need to be made. Knowing the rules allows the building manager to act assertively and ensure compliance by the condominium residents, creating a pleasant environment for all.
Just like a company, good internal communication ensures conflict-free management. Therefore, the building manager can develop ways to communicate with residents, such as investing in newsletters or opening a direct channel on messaging apps with everyone’s participation, in addition to encouraging active participation in condominium meetings.
Regardless of the proposed communication channel, establishing cordial, clear, and friendly communication is also crucial for effective condominium management and potential problem-solving. This helps the building manager fulfill their obligations and instill greater confidence in residents and employees.
Responsibilities of the trustee beyond the law
The condominium manager’s responsibilities and management extend beyond those stipulated by law. The condominium assembly may define other functions of the condominium manager or further clarify legal responsibilities, including managing the reserve fund, coordinating teams of contracted and outsourced employees, evaluating service contracts that could benefit the condominium, and seeking ways to save condominium funds, among other tasks.
Does the law provide for penalties if they fail to comply with the duties of their position?
If there is an omission regarding something that is the responsibility of the condominium manager, he or she may be held liable for the damage caused to the condominium and its residents, as provided for in Law 10,406/2002.
When reporting, for example, the property manager must justify all financial transactions made throughout their tenure. Therefore, the representative must keep all documentation to prove the costs of each action, including invoices, receipts, and employee pay slips. The financial report must include the budget, revenue, expenses, defaults, and the monthly balance sheet.
If there is a discrepancy between the amount collected from condominium owners and the expenses reported, the building manager may be subject to criminal prosecution. In the case of embezzlement, the building manager may be charged with the crime of misuse of condominium funds, resulting in a sentence of one to four years in prison and a fine, according to Article 168 of the Penal Code.
Furthermore, some acts of the trustee may give rise to civil or criminal proceedings:
- Crimes against the honor of condominium owners, such as slander, defamation and insult;
- Ignore the default of condominium owners;
- Exposing defaulting condominium owners, generating moral damages;
- Carry out works and renovations without the authorization of the assembly;
- Occurrence of accidents with employees during working hours;
- Neglecting structural and equipment maintenance.
What can’t the trustee do?
Some legal issues have been mentioned in terms of duties that the condominium manager cannot ignore as a legal epresentative and condominium manager. However, there are other points that are on the list of things the condominium manager cannot do.
Some people think that the building manager has the power to make decisions alone, but this isn’t true. The condominium fee, for example, cannot be increased without the effective decision of the assembly. Since the building manager’s role is to represent the interests of the condominium owners, they shouldn’t change the already approved budget ceiling without the residents’ authorization.
The building manager also cannot disrespect the privacy and property of condominium residents. This means they must not enter any unit without the resident’s consent, as this constitutes a crime and is covered by the penal code. Furthermore, the building manager cannot prohibit visitors from entering or check residents’ mail, which constitutes an abuse of authority.
Another fundamental point is that the building manager cannot take sides in residents’ disputes, since his role is to mediate and be impartial, using common sense and remaining faithful to the duty of maintaining the common good objective.
For professional and risk-free service, building managers can count on a condominium management service as an ally in their daily work. Click here to learn more and schedule a meeting with one of our consultants.
