Código Civil proíbe alterações na fachada de condomínio
O artigo 1.336, inciso III, do Código Civil, proíbe condôminos de alterarem a forma e a cor da fachada, das partes e das esquadrias externas do edifício. Com esse entendimento, o desembargador Luiz Eduardo de Sousa, do Tribunal de Justiça de Goiás, em decisão monocrática, manteve sentença de 1° grau que obriga uma moradora a retirar aparelho de ar-condicionado instalado na área externa do prédio. Ela também terá de restituir a estrutura original do condomínio.
Em sua decisão, Eduardo de Sousa afirmou que muitos condomínios toleram certas alterações, desde que aprovadas em assembleia. Ressaltou, no entanto, que os autos apontam para situação diferente.
“E, para que seja legítima uma alteração, ela deve fazer parte da convenção. Assim, para efetuar a instalação do aparelho de ar-condicionado (proibido pelo regimento interno), deveria a condômina, proceder anterior consulta à administração do condomínio, solicitando a...
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