Cascata Village Condominium Regulation
CHAPTER I Object
1. The present Regulation is intended to regulate, in addition to the applicable legislation, the rights, obligations, as well as the relations between the Owners and the Administration of the Condominium “Cascata Village” located in Branqueira, Albufeira.
This regulation establishes, in addition to the rules set out in articles 1414. to 1438 of the Civil Code and Decree-Laws numbers 267, 268 and 269, of October 25, 1994, the rights and duties of the joint owners and the competence of the Cascata Village, condominium administration. This development located in Albufeira - Branqueira, is registered in a horizontal property regime, inscribed in the urban building matrix of that parish under provisional article P 234165.
2. In all that this regulation is omitted, the rules contained in the aforementioned legal provisions will apply.
1. The building is composed of 19 autonomous fractions, which are responsible for the designations, purposes and values, expressed in peril, contained in the public deed of constitution of the horizontal property.
2.The following are part of the autonomous fractions:
a) The access door or doors;
b) The doors of the windows and the respective glass;
c) Derivations or branches of water, electricity, gas, sewage, internal telephones and television cables, from the respective general facilities, upright or upright columns;
CHAPTER II Common parts, services and goods of common interest and the respective charges
1. The following parts of the building are common to all fractions:
a) The ground where the building is located, as well as the foundations, columns, pillars, masters and all other parts that make up the structure of the condominium;
b) The exterior façades, the roof, the roof terraces, the engine room and other technical zones;
c) Accesses, elevators and circulation areas;
d) The installations, equipment and general water, gas, intercommunications, until derivations for each of the autonomous fractions, fire-fighting equipment, para- lightning, access lighting;
e) Postal boxes;
f) In general all other things installed or to be installed that are not affected by the use exclusive of any fraction.
2. The plates and walls that separate the respective fractions are common to two tenants, in which entrances may be opened or closed, by mutual agreement and provided that the stability of the condominium is not affected and once authorization has been obtained from the competent entities.
Share of each shareholder in common goods
Each condominium has a share of common goods equivalent to the peril that corresponds to its fraction.
1. The works relating to the common parts of the building will be ordered to the Condominium administrator.
2. However, in the absence or impediment of the administrator, the indispensable and demonstrably urgent repairs to the common parts may be carried out on the initiative of any owner.
3. Each owner must carry out the necessary repairs in its fraction in order to avoid damage or damage to any other owner or anything that could compromise the stability, exterior uniformity or decoration of the building, being responsible for the losses arising from the unjustified delay or deficient performance of the building. constructions.
4. The tenants who are responsible for the exclusive use of a common part cannot deny any works demanded by the condominium administration, works that are necessary not only for its maintenance, but also for the maintenance of other common areas works and on behalf of the community of owners.
5. The parts of the fractions referred to in Article 2 (2). they cannot be altered or modified, in any way, without prior authorization from the General Assembly of Owners.
6. It is forbidden for any joint owner to carry out works that may alter the building's exterior image and / or compromise security, without authorization from the joint-owners' assembly. Future authorizations should take into account uniformity criteria to be applied in all fractions.
Conservation and fruition charges
1. The expenses necessary for the conservation and enjoyment of the common parts of the building, and for the payment of services of common interest, or any innovations, shall be paid by the tenants in proportion to the value of their fractions, in accordance with the provisions of article 1424 of Civil Code.
2. The charges may be differently paid in installments, upon prior deliberation
of the assembly of owners, voted for two thirds of the value of the building.
3. Repairs to common parts that have to be carried out due to the reason that one of the tenants, their collaborators, visitors or person to whom the use of their fraction has given cause, will be their responsibility, without prejudice to the rights that he can later assert against third parties.
Rights and obligations of tenants
Works in fractions
1. The joint-owners may carry out conservation works within the fractions, as long as they are carried out in compliance with the law and the respective technical norms and do not harm, in any way, the common parts or the other fractions, nor alter the structure and security of the building, and always minimizing the inconvenience caused by the works.
2. The work must be carried out between 9 am and 6 pm, being forbidden to do it on Saturdays, Sundays and on public holidays.
Works on common parts
1. Tenants are prohibited from carrying out works or works on common parts that are not affected by their exclusive use, without approval by the Assembly.
2. If common areas of exclusive use of the owner need improvement works, the costs of which will be paid by the owner, will be done only, after prior authorization by the Assembly.
3. The indispensable and urgent repairs can be carried out by any owner and must be communicated, as soon as possible, to the administrator and up to a maximum of eight days.
Acts expressly prohibited
1. Residents, their relatives, tenants, people who live with them and their employees, are generally prohibited from all:
a) Give the fraction a different use from that provided for in the constitutive title of horizontal property;
b) To allocate the fraction to any use that, due to its frequency or use, may harm the peace of the building and its users;
c) Change the tranquility of the condominium with excessive movements of people, voices, noise, vibrations, heat, smoke or other factors and equipment, including image and sound receivers, in order to disturb other users of the building.
d) Have animals that by their number and characteristics are such as to disturb the other tenants;
e) Place animals on terraces and balconies that may cause any discomfort to the remaining tenants;
f) Place objects on terraces, balconies and windows that are not properly protected from falling;
g) Drying clothes on the outside of the building, outside places previously designated for that purpose;
h) Throw any debris, including garbage or cigarette butts, through windows or balconies;
i) Make works that may make it impossible or difficult to access places or common objects that need maintenance or repair;
j) Place any type of equipment outside the building;
k) Occupy, even temporarily, any common part of the condominium with volumes of any kind;
l) Occupy, even temporarily, any parking or access with volumes of any kind;
m) Use the spaces reserved for parking vehicles to deposit or store volumes of any kind;
n) Depositing waste outside the places determined for that purpose.
o) Avoid dragging the furniture as the friction with the floor causes enough noise to lift it off;
p) Avoid walking at home with shoes that cause noise to neighbors;
q) Respect the times of greatest rest in the night and in the morning;
r) The drain in the balconies, only serves to drain rainwater, to wash your balcony use the mop;
s) Satellite dishes are not allowed on the facade of the building - If you install any, do it in a way that causes the least possible visual impact.
t) Smoking in common areas;
u) In general, perform any acts that harm the condominium or the remaining tenants.
Inspections and sanctions
1. The following sanctions may be applied to users who, due to their presentation and conduct, are undisciplined, disorderly and affect the normal healthy functioning of the pools:
a) Verbal rebuke;
b) Expulsion from the facilities.
Duties of tenants
1. Provide management with the necessary identification elements for the performance of its duties.
2. To ensure the validity and updating of your insurance, to prove this insurance annually to the administration, if it is not covered by a collective policy.
3. Close the main door of the building for everyone's safety.
4. Indicate your address if you do not live in the building.
5. Inform the administration of whom to contact if you are absent for more than 30 days.
6. Report to the administration any anomaly found in the common parts.
7. Pay the condominium fee annually approved by the joint-owners' meeting, within the term defined by it;
8. Maintain the respective fraction and its equipment in a good state of conservation, arrangement and cleanliness;
9. To consent to the execution of works and repairs necessary for the maintenance of the condominium, as well as to carry out works in its autonomous fraction whenever the integrity and security of the other tenants is at stake;
10. The owners of Blocks A, B and D are obliged to treat and maintain the wooden shutters of their fractions in good condition.
11. Make the payment of all expenses that, under this regulation, by resolution of the joint-owners' meeting or by legal imposition, will be incurred and are your responsibility;
12. Allow the administration to visit or inspect its fraction; (Article 5)
Each owner will have keys to the main door of the building, being responsible for the consequences of his bad or negligent use or its loss.
Autonomous fraction rental
1. Each tenant can rent the respective autonomous fraction, as long as there is no change in their mode of use and the tenant complies with the rules of this regulation. However, you must inform the Administrator of this, informing him of the identity and the term of the respective contract.
2. The tenants who rent their fractions may request, in writing, the Administrator to collect, directly from the tenant, any sums corresponding to the obligations to which he has been committed by the lease.
3. However, the tenants are obliged to replace tenants in the payment of the notices issued by the administration, when these do not satisfy the payment established by article 13.
1. The payment of ordinary contributions must be made until the 8th of the respective month, by means of a check payable to the condominium, bank transfer, debit in account or in cash and against receipt.
2. Contributions may be made monthly, quarterly, semi-annually or at once - annually, however payments are due in advance for the period to which they relate.
3. Extraordinary expenses will be paid within 8 days after approval and against receipt.
4. Within the same period, the Collection Notices corresponding to the advances requested to the common reserve fund and working capital must be paid.
Concierge and surveillance services
It will be up to the assembly to define the security and surveillance service to be provided.
Value of insurance against fire and earthquake
The insurance must be concluded by the Administrator on behalf of the condominium and for the amount that, for this purpose, has been fixed by the Assembly, but it will not have to include the amounts related to the fractions whose owners prove they already have insurance that covers identical risk. In the event of a claim, compensation should be used for the reconstruction of the building, in the event of total destruction, or repair of the affected areas, if partial.
Insurance against other risks
In addition to the mandatory insurance against fire risk, the condominium may be insured against other risks, and the Assembly is responsible for deciding on this matter.
The administration of common goods and services of common utility is the responsibility of the joint-owners' assembly and the administrator elected by it, who will act under his guidance.
1. The shareholders' meetings are ordinary or extraordinary and their deliberations are binding on all shareholders, even those who have not attended or been represented.
2. The ordinary assembly will meet 12 months after the last one, upon convocation of the administrator, for analysis of the general problems, discussion and approval of the accounts of the previous year, approval of the budget of expenses of the following year and appointment of the administrator and substitute administrator, if applicable.
3. The extraordinary meeting may be called by the administrator or by joint owners who represent at least 25% of the permiling, except in the case provided for in article 1438 of the Civil Code, in which it may be called by a joint owner.
4. The meeting shall be convened at least 10 days in advance, either by registered letter or by means of a call notice, provided that there is a receipt for receipt signed by the tenants. The summons must indicate the day, time, place or agenda of the meeting and report on matters whose resolutions can only be approved by unanimous vote.
5. If the number of tenants is not enough to obtain a maturity date and another date has not been fixed in the call notice, a new meeting is considered to be convened one week later, at the same time and place, in which case the meeting may decide by majority of votes of the tenants present, provided that they represent at least a quarter of the total condominium
Participation in the Assembly; representation
1. No joint owner may be deprived of the right to participate, intervene and vote in the joint-owners' meeting and may do so personally or through their representative. In the latter case, a letter addressed to the chairman of the joint-owners' meeting shall be sufficient in which the joint-owner will indicate to whom he delegates his representation.
2. When an autonomous fraction belongs to more than one person or to a company, the representation in assembly will be entrusted to a single person, to be designated in a letter by all signed, regarding the first case; as for the second case, it will be the company represented by its manager or attorney. These representations will remain in force until the representative is replaced.
3. When a fraction is in usufruct, assistance to assemblies belongs to the usufructuary.
4. The joint owners who participate in the meeting will sign a attendance sheet, which is kept by the administrator and will form an integral part of the respective minutes.
Assembly table, minutes
1. The board of the assembly will consist of a chairman and two secretaries, one of whom will always be the administrator. The president and a secretary will always be elected at each meeting, right at the beginning, by the majority of the tenants present, and will hold office for the entire duration of the respective meeting, even if it lasts for more than one session or comes to a new convocation is necessary due to the lack of a “quorum”.
2. Minutes of the joint-owners' meetings are required to be drawn up and signed by those who served as president and secretaries. The minutes will be separate and numbered, made on a computer, copies of which will be distributed to all tenants within a maximum period of 30 days after the date of the meeting.
3. If the work of the assembly lasts for more than one session, the respective minutes will be drawn up for each session.
4. The administrator is responsible for keeping the minutes and providing the respective consultation.
1. Unless there is a special provision, the assembly shall deliberate by a majority of votes representing the condominium's permilage, pursuant to article 2, paragraph 1 above; in the event of a tie in the vote, the option to which the greatest number of tenants belong shall prevail;
2. Each condominium member will have as many votes within the assembly as the entire units contained in the permilage that correspond to its fraction.
3. Resolutions that need to be approved by unanimous vote may be approved unanimously by the joint owners present, provided that they represent at least two thirds of the permeation referred to in article 2, paragraph 1 above, subject to approval deliberation by the absentees, under the terms of the following paragraphs.
4. Resolutions must be communicated to all absent shareholders, by registered letter, within 30 days.
5. The joint owners have 90 days after receiving the letter referred to in the previous number to inform the joint owners' meeting in writing of their agreement or disagreement.
6. The silence of the tenants must be considered as approval of the resolution communicated under the terms of number 4.
7. The required majorities, according to the subjects subject to vote, are as follows:
a) unanimously - everything that concerns the amendment of the constitutive title; changes to the condominium regulations; reconstruction of the building, in case of destruction exceeding three quarters of its total value; acts of disposition of the common parts of the building.
b) Qualified majority, that is, two thirds of the total value of the building - everything that concerns works that constitute innovations; alteration of the form or criterion of participation in the condominium charges;
c) Simple majority - everything that concerns all resolutions other than those indicated in subparagraphs a) and b) of this article.
Lack of Administrator at the Meeting
1. If the administrator misses the meeting of the meeting without a previously justified reason, the meeting will decide, by a simple majority of the present shareholders, whether or not it will be postponed, and the minutes of the decisions taken will be recorded.
2. If the administrator justifies his absence in advance and the majority of the present permits accept the justification, the meeting will be postponed to a new day, only referring to the tenants who have not attended or have not been represented.
Financial regime and funds
Working and reserve funds
1. In order to incur common or extraordinary expenses that are in the interest of all and in accordance with what the assembly decides, a fund is created, whose revenue comes from:
a) From an annual budget item, never less than 10% of total expenditure.
b) Contributions from joint owners voted at meetings;
c) The proceeds of the penalties provided for in this regulation;
d) Any other income from the condominium that the assembly intends to affect.
2. This fund will be used for repair works and improvements that the assembly may determine.
3. The fund is deposited in a bank account different from the one referred to in article 24 and its movement can only be carried out under the conditions determined by the meeting.
The administrator is obliged to make a bank deposit, in the condominium account, of all the amounts in his custody.
1. The administrator is elected and exonerated by the joint-owners' meeting.
2. The position of director is remunerable and may be held by one or more tenants or by a third party, the period of exercise of these functions being one year renewable, unless otherwise specified.
3. The director remains in office until his successor is elected or appointed.
In case of impediment or prolonged absence of the administrator, the exercise of his functions will be
provisionally assigned to any tenant, until a new administrator can be elected.
1. The administrator directs and supervises all services of common interest, watches over the good state of conservation in order for the complete enjoyment of the common parts and goods, executes the deliberations of the assembly, compensates for the lack of regulation or deliberation of the assembly regarding the use of common goods and services, seeks to harmonize the interests of tenants with a view to the enjoyment of rights and the fulfillment of the duties of all, in order to develop good coexistence, harmony and cooperation and to exercise the other functions provided for in Article 1436. of the Civil Code states.
2. The administrator also has the obligation to:
a) guard and preserve all documents, deeds and titles related to records or contracts that have as object the building as a whole, refer to services of common utility or to the common elements of the building;
b) send or deliver all the documents relating to the administration of the previous year;
c) Promote the good coexistence of all the residents of the building.
1. The owner who does not pay the Collection Notices up to 30 days after the period provided for in article 13 is subject to the payment of a fine corresponding to 10% of the amount under collection, up to the limit provided for in paragraph 2 of article 1434. Of the Civil Code.
2. After 60 days have elapsed since the date of issuance of any Notice of collection, without this having been paid with the respective fine, set out in the previous number, the administrator must file the corresponding lawsuit.
3. All the legal and extrajudicial expenses that the administrator makes for the amount owed, including the attorney's and attorney's fees, will be borne by the owner of the lawsuit, including payment of the amount before the lawsuit is filed. , it has not passed the preliminary acts of this.
1. For all issues arising from this Regulation that the parties to the dispute do not resolve amicably, the Albufeira District Court is competent;
2. The present regulation, comes into force immediately, after its approval in the Assembly of Owners;