O g1 got the list of infractions condominiums that resulted in the conviction of an elderly woman, aged 87, who will have to pay a fine of R$20,193.50. Violations of the rules of the building in Praia Grande, on the coast of São Paulo, were committed by the retiree’s granddaughter’s familywho occupied the property (see below).
The owner’s granddaughter never paid the fines imposed during the years she lived in Condomínio Ilhas de Marambaia e Jaguanum, in the Guilhermina neighborhood. As a result, the owner of the property was taken to court in 2021. The retiree appealed, but lost in the second instance. There is still an appeal.
According to the process, obtained by the reporting team, since 2013, residents have taken complaints to the property manager about the behavior, described in the process as “antisocial”and recorded complaints in an incident book.
However, she was ordered to pay the fines imposed from 2016 to 2021, when the case ended up in court. The sum in the period was R$ 11,782.83but the value became R$ 20,193.50 when corrections and interest were applied. The penalties from 2013 to 2015 expired.
Check out the list of fines below:
- Let water drain from the apartment to the staircase;
- Stain the front of the apartment with black paint (spray);
- Spitting in the common areas of the condominium;
- Using the condominium’s lights improperly;
- Leaving a vehicle leaking oil on the garage floor;
- Leaving personal objects in common areas, obstructing passages and escape routes, towels and rugs on stair handrails;
- Promote excessive noise from loud music, voices, and racket disturbing other condominium owners;
- Allow the pet to do its physiological needs in the common area of the condominium;
- Allowing children to play with balls or bicycles in a prohibited area (garage), making a mess of the common area;
- Parking the car incorrectly (occupying two spaces);
- Leave the bicycle outside the designated location (bike rack);
- Leave the motorcycle occupying the vehicle space.
Court rejected appeal
After the unfavorable decision in the first instance, the elderly woman’s defense filed an appealbut again the condominium emerged victorious.
The decision was taken last Monday (25) by the 30th Chamber of Private Law of the TJ-SP, which maintained the sentence of the 3rd Civil Court of Praia Grande, by judge Sérgio Castresi de Souza Castro, who had already recognized the legality of fines.
Proven non-compliance
In the case, several complaints were presented by condominium owners in different dates about coexistence with the resident.
By denying the appeal presented by the defense in the second instance, the rapporteur and judge Paulo Alonso understood that the application of fines is appropriate since the non-compliance with standards was proven.
“We cannot lose sight of the fact that the infractions attributed to the defendant derive from anti-social behavior, which does not allow for complacency, especially in the context of residential condominiums,” he said.
The elderly woman’s defense lawyer told the g1 having been notified about the movement of the process this Tuesday (2). The owner of the property will speak exclusively in the case files.
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Tags: list infractions committed granddaughter condominium led elderly woman sentenced pay R20000 fines Santos Region