CONDOMINIUM LIABILITY
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❓ Identified Question
"What is the condominium's liability regarding infiltrations originating from terraces/roofs?"
🎯 Direct Answer
As a rule, the liability for repairing infiltrations originating from terraces/roofs, considered common parts, lies with the condominium, unless there is a constitutive title stating otherwise.
Legal Basis: Artigo 1421.º do Código Civil View on DRE
Official Documentation
📋 Context & Applicability
The condominium's liability applies when the infiltration originates from common parts, such as the terrace.
Article 1421 of the Civil Code establishes that common parts are the responsibility of the condominium, unless otherwise provided in the constitutive title.
- Notify the condominium administrator about the infiltration.
- Gather evidence (photos, communications) to support the claim.
- Consider convening an extraordinary assembly to discuss the situation.
✅ Technical Checklist
- Verify the condominium's constitutive title.
- Collect documentation regarding the infiltration.
- Attempt to convene an extraordinary assembly.
Applicability depends on verifying whether the terrace is indeed a common part and if there is a constitutive title that states otherwise.
Legal Notice
This content is for informational purposes only and does not replace personalised legal advice.
Always confirm critical decisions with a qualified lawyer or professional.
The content is specific to Portuguese law and may not apply to other jurisdictions.