Legitimacy of the Condominium Administrator to File a Complaint: Commentary on Judgment No. 33813 of 2023

The recent judgment No. 33813 of May 26, 2023, by the Court of Cassation has provided important clarifications regarding the legitimacy of the condominium administrator to file a complaint for offenses committed to the detriment of common property. This aspect is of fundamental importance for condominium life, as it allows for adequate protection of collective interests.

The Regulatory Framework

According to Article 1130 of the Civil Code, the condominium administrator has specific powers, including the management of economic resources and the protection of common property. The judgment in question states that the administrator is legitimate to file a complaint without the need for authorization or ratification by the condominium assembly when the offense damages common property. This principle is based on the "qualified possession" of the condominium's economic resources, which implies a direct responsibility for safeguarding the common good.

Case Facts and Relevance of the Judgment

The condominium administrator, in relation to their powers, as defined by Article 1130 of the Civil Code, is legitimate to file a complaint concerning an offense committed to the detriment of common property without the need for authorization or ratification by the assembly, due to qualified possession of the condominium's economic resources and the need to ensure the proper performance of common services. (Case of water theft, committed with damage to property by the tenants of an apartment through an illegal connection to the condominium system).

The case described in the judgment concerns a case of water theft, where the tenants of an apartment had made an illegal connection to the condominium system. This example highlights how an offense can have direct repercussions on the condominium community, justifying the administrator's intervention.

Final Considerations

The administrator's legitimacy to file a complaint is not just an opportunity, but a duty that protects common interests. In fact, the need to protect common property and ensure the proper functioning of condominium services is fundamental in a context of increasing attention to security and legality. It is essential that administrators are informed of their prerogatives and responsibilities to be able to act effectively in case of illicit acts. This judgment represents a significant step towards a more aware and responsible management of condominium resources.