- Início
- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Inquilino de temporada
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 265-265 |
Page 265
1. Pode, o regulamento interno de condomínio edilício, limitar o uso de áreas comuns do prédio, por locatários de temporada?
A hipótese pode parecer cerebrina, mas já foi objeto de pronunciamento judicial da Egrégia 3ª Câmara de Direito Civil do Colendo Tribunal de Justiça do Estado de Santa Catarina, no julgamento do agravo de instrumento 2011.005096-8, sendo relatora a magistrado Maria do Rocio Luz Santa Ritta, oportunidade em que se decidiu: "Avulta ilícito, nesse contexto, limitar, por meio do regimento interno, o uso de áreas comuns de condomínio edilício a inquilinos de temporada, como se fosse, a respectiva classe, indigna de convívio. Ainda mais porque também o art. 1.345, II, do CC/2002 e art. 23 da Lei 8.245/1991 tendem a equiparar o locatário ao dono do imóvel, evitando a...
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