Imobiliário
| Autor | Juiz Eugênio Facchini Neto |
| Páginas | 62-64 |
Page 62
Apelações Cíveis. Medida Cautelar de busca e apreensão e ação de prestação de contas. Sentença única. Contas não prestadas em assembléia. Dever de prestá-las em juízo. Documentos obje-to da apreensão que pertencem ao condomínio. Ausência de comprovação da entrega da documentação à Administradora. Recursos providos. 1. Conforme previsão legal, é dever do síndico prestar as contas de sua gestão à assembléia geral dos condôminos, e, não havendo comprovação de que as mesmas tenham sido prestadas e aprovadas, impõe-se reconhecer a procedência do pedido deduzido na primeira fase da ação de prestação de contas. 2. Os documentos relativos ao condomínio, na posse do ex-síndico devem ser entregues à nova administração. A recusa enseja o manejo da ação de busca e apreensão. (TJ/RJ - Ap. Cível n. 0010861-83.2009.8.19.0209- Rio de Janeiro- 5a.Câm. Cív. - Ac. unânime - Rei.: Desa. Zelia Maria Machado- Fonte:DJ,28.03.2011).
Responsabilidade civil. Reparação de danos. Manobra em estacionamento de prédio em condomínio. Marcha a ré, com ingresso em área de circulação restrita, onde se encontrava estacionada uma bicicleta. Quebra da sinaleira. Culpa concorrente. Recurso parcialmente provido. Há responsabilidade do condômino que deixa estacionada bicicleta em local não destinado a isso, vindo a surpreender motorista que, ao efetuar manobra em marcha a ré, não se apercebeu da presença da mesma naquele local. Todavia, a...
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