- Início
- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Juros de mora
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 265-266 |
Page 265
1. Fixação na Convenção do Condomínio e limite legal. Sobre o assunto, já decidiu a Egrégia 3ª Câmara de Direito Civil do Colendo Tribunal de Justiça de Santa Catarina, em v. acórdão relatado pelo magistrado Fernando Carioni: "em que pese o Código Civil tenha deixado ao arbítrio da Convenção do Condomínio a fixação dos juros de mora, tal encargo não pode ultrapassar a 1% (um por cento) ao mês, o que melhor se coadu-
Page 266
na com os princípios da razoabilidade e da proporcionalidade e a Lei de Usura."2542. Não tem o síndico atribuição para, sem prévia decisão assemblear, isentar o condômino inadimplente de juros de mora e/ ou multa.
Nesse sentido, decidiu o Egrégio Tribunal de Justiça de Minas Gerais: "como o próprio bem garante a dívida, em tese não há de se dar isenções aos inadimplentes, mesmo que seja para a promoção de crédito rápido em favor do caixa condominial porque os demais condôminos adimplentes já pagaram, antecipadamente, pela quota parte das despesas mensais dos condôminos inadimplentes, ficando estes últimos em situação privilegiada, em franco desequilíbrio entre os condôminos."255
[254] TJSC, Apelação Cível 2008.003871-1, 3ª Câmara de Direito Civil, Rel. Des. Fernando Carioni, j. 10.06.2008.
[255] TJMG...
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