Residents' association cannot charge fees from non-members,

Residents' associations cannot charge fees from non-member condominium owners. This is what the 2nd Chamber of Private Law of the Court of Justice of São Paulo understood when reforming the first degree ruling that had determined that a family should pay the fees of the residents' association of their condominium even without being a member.





According to the judges, no one can B2B Lead be considered a member just because they own a property, which violates the constitutional provision on freedom of association. This means that the simple fact of living in the condominium does not oblige any family to join or pay residents' association fees.




“Therefore, the justification for the charge intended by the appealed association is not sufficient solely on the grounds that the appellants benefit from services provided by the residents’ association established in the subdivision, which would characterize their illicit enrichment”, stated the rapporteur, judge José Joaquim do Santos.







He cited the understanding reached by the Superior Court of Justice that “maintenance fees created by residents' associations do not oblige non-members or those who did not consent to them” and said that, in light of this, he “changed his position” on the case. The decision was unanimous.