CHANGES TO THE HORIZONTAL PROPERTY REGIME, IN THE SCOPE OF CONDOMINIUM CHARGES, ARISING FROM LAW 8/2022 - ANALYSIS OF SOME ISSUES

Abstract

We address some issues arising from the changes to the horizontal property regime introduced by Law 8/22 of 10 January, limiting this article to the analysis of three essential issues: firstly, it seeks to determine who is responsible for paying the condominium of the expenses that are due. Previous law, doctrine and jurisprudence will be analyzed, with an emphasis on the issue of outpatient condominium obligations, making a confrontation with the current wording of the law. Secondly, we address the novelty contained in article 1424 - A, namely the obligation that the deed or authenticated private document of division allocation must be accompanied by a declaration issued by the condominium administrator which contains the elements provided for in number 1 of the aforementioned legal rule. Finally, article 6, no. 5 of DL 268/94 of October 25 is interpreted with the wording given to it by Law 8/2022 referring to the administrator’s duty to promote the judicial collection of condominium credits, establishing to do so, a period of 90 days from the first breach.