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- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Fundo de reforma
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 239-239 |
Page 239
1. O Fundo de Reforma é de contribuição compulsória, obrigatória, decidiu em v. acórdão a Egrégia 5ª Câmara Cível do Colendo Tribunal de Justiça de Minas Gerais, relator, o magistrado Elpídio Donizetti: "Quanto ao fato de não ter sido realizada qualquer reforma no edifício, observa-se que o fundo de reserva foi instituído por unanimidade na Assembleia Geral Extraordinária realizada em dezembro de 1999 (f. 11). Assim, e não negando os apelantes a qualidade de condôminos, é certo que a taxa cobrada é devida por eles, pouco importando a circunstância de ter sido ou não realizada qualquer reforma. Isso porque, em primeiro lugar, conforme disposto na cláusula quinta da Convenção do Condomínio Edilício (f. 9), a instituição do fundo de reforma foi aprovada por unanimidade em Assembleia regularmente realizada, constituindo-se, desde então, em obrigação devida por todos os condôminos do edifício. Em segundo lugar, tratando-se de fundo para a realização de reforma, é claro que a sua finalidade é justamente a formação de capital destinado ao custeio de reformas eventualmente necessárias, o que...
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