- Início
- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Documentos. Guarda
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 203-204 |
Page 203
1. Estabelecia o art. 22, § 1º, alínea g da Lei 4.591/1964, que dentre as atribuições do síndico encontrava-se a guarda de todos os documentos relativos ao condomínio, dentre eles, a escrituração contábil.
Ação judicial reclamando a exibição era dirigida contra o síndico, como teve oportunidade de julgar o Egrégio Tribunal de Justiça do Estado de São Paulo: "o apelante requer a exibição de documentos relativos à administração do condomínio réu. Contudo, o apelado não é detentor da documentação pleiteada. A obrigação de guarda desses documentos é pessoal do síndico, nos termos do art. 22, § 1º, alínea g, da Lei 4.591/1964. Logo, a ação deveria ter sido proposta contra o síndico."179
Page 204
Essa norma, porém, não foi repetida no Código Civil/2002, levando o advogado Hamilton Quirino Câmara a observar que essa "obrigação deixou de existir, estando certo o Código, pois na verdade se o síndico exerce o cargo por um ou dois anos não poderia ele manter a documentação durante cinco anos, pois os livros e os documentos ficam na administração e não com o síndico."180
[179] TJSP, Apelação 9135246-05.2006.8.26.0000, 5ª Câmara de Direito Privado, Rel. Des. J. L. Mônaco da Silva, j. 19.10.2011.
[180] CÂMARA, Hamilton Quirino. Condomínio cit., 2ª edição, Editora Lumen Juris, pág. 346.
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