Imobiliário
Autor | Juiz Afif Jorge Simões Neto |
Páginas | 68-69 |
Page 68
Apelação cível. Taxas condomi-niais. Promessa de compra e venda. Responsabilidade do promitente comprador desde que comprovada a posse direta sobre o imóvel. Autor que não se desincumbiu de tal ônus. Sentença de improcedência. Confirmação. Recurso desprovido. 1) A responsabilidade do promitente comprador com relação ao pagamento das taxas de condomínio, depende da prova de que houve a imissão na posse do imóvel, o que não é o caso dos autos. 2) Mais relevante do que a prova da propriedade do imóvel, é a questão atinente à posse para a aferição da responsabilidade dos encargos condominiais.
(TJ/PR - Ap. Cível n. 803108-9 - Ponta Grossa - 8a. Câm. Cív. - Ac. unânime - Rei.: Des. Roberto António Massaro - Fonte: DJ, 11.01.2012).
Ação indenizatória. Demolição de churrasqueira, pia e armário construídos há anos em local de uso exclusivo de condômino. Indenização a título de dano material devida, mas minorado seu valor. Equanimidade das decisões do Poder Judiciário. Restou amplamente comprovada a abusividade do condomínio demandado, ao determinar a demolição da churrasqueira, pia e armário construídos no box do autor, local este de uso exclusivo do requerente (fl. 27). Embora tais bens não estivessem sendo usados, nem tampouco o autor estivesse residindo no prédio, tal fato não concede direito ao condomínio em demolir construções que não lhe pertencem. Assim, correta a decisão que condenou o réu ao pagamento por danos materiais, face à demolição da churrasqueira e demais bens. Entretanto, o valor atribuído...
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