- Início
- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Ex-síndico
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 207-208 |
Page 207
1. O ex-síndico é obrigado a prestar contas ao condomínio se não o fez na sua gestão?
Na orientação da Egrégia 8ª Câmara de Direito Privado do Colendo Tribunal de Justiça do Estado de São Paulo, sim. Assim: "É inequívoca a obrigação da ex-síndica em prestar contas ao Condomínio, vez que, desde sua eleição, por meio da Assembleia Geral Ordinária (f. 12/12v.), realizada em 03.07.2004, até sua saída, em 16.10.2011 (f. 530/533), jamais convocou qualquer outra Assembleia, para eleição de novo síndico, ou para prestação e aprovação de contas, durante toda a sua gestão, não obstante os reiterados pedidos dos condôminos, conforme se denota das notificações extrajudiciais e da interpelação judicial juntadas (f. 19/24, 33, 35/36, e 41/42).(...) Ressalte-se que este C. Tribunal, em recente decisão, reconheceu a obrigação de prestar contas que deve ser impingida a ex-síndico de Condomínio edilício, ante o descumprimento do dever de fazê-lo, durante sua gestão: ‘Ação de prestação de contas. Primeira fase. Condenação do réu à prestação de contas. Inconformismo. Descabimento. Legitimidade passiva do ex-síndico. Responsabilidade irrecusável, nos termos do art. 1.348, inciso VIII, do CC em vigor. Manutenção da r. sentença por seus próprios fundamentos...
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