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- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Locatário
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 266-267 |
Page 266
1. Ainda que sem direito a voto, nas assembleias condominiais, deve locatário ser convocado pessoalmente e formalmente para comparecer à mesma para tomar conhecimento das acusações que lhe são dirigidas?
Em v. acórdão relatado pelo magistrado Cláudio Godoy, decidiu-se: "Mesmo quanto ao fato de o autor ser locatário, observou-se que ‘ainda que pela legislação vigente o inquilino não tenha mais direito a voto nas assembleias condominiais, na presente situação, por se tratar de imputação de penalidade ao possuidor
Page 267
(art. 1.337, do Código Civil), e daí a legitimidade ad causam do apelante, este deveria ser pessoal e formalmente instado a comparecer à assembleia, para tomar conhecimento das acusações e da documentação existente, e para se defender, sob pena de nulidade da pena imposta, como efetivamente ocorreu’. E a propósito, vale não olvidar que a conduta julgada era do inquilino e, por ela, mesmo não condômino, pode sofrer consequências no âmbito da locação ajustada com o titular da unidade autônoma."256
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