Post by account_disabled on Mar 13, 2024 1:19:59 GMT -5
The conduct of suspending the water supply as a way of encouraging the payment of condominium debts is abusive. With this understanding, the 36th Chamber of Private Law of the Court of Justice of São Paulo ordered a condominium to restore the water supply to the unit of a non-paying resident.
ConJur Suspension of water supply to non-paying resident is abusive
The plaintiff signed an agreement with the condominium to pay water bills that had been outstanding since December 2019, but claimed that, due to the coronavirus epidemic, he was unable to honor his commitment, as he works selling sweets in the subway. from Sao Paulo. The water supply to his apartment was cut off, which led to legal action.
“Notwithstanding that the appellant B2B Lead recognizes the non-payment of condominium expenses, the supply of water is an essential public service and its interruption can only be carried out by the service concessionaire, as can be inferred from the provisions of article 6, §3, II, of Law 8,987/ 95”, said the rapporteur, judge Milton Carvalho.
Even though there had been prior deliberation at the meeting, Carvalho considered the condominium's conduct of cutting off the water supply to the debtor units to be abusive as a way of forcing defaulting owners to pay off condominium debts, “since, if the values related to water consumption are charged together with condominium expenses, non-compliance already entails the application of the sanctions provided for in §§ 1 and 2 of article 1,336 of the Civil Code”.
The rapporteur also stated that the danger of harm to the aggravating factor is even more evident in the current epidemic situation, which requires, as per guidance from the Ministry of Health to prevent the spread of the virus, basic hygiene measures, such as washing hands thoroughly . The decision in the Chamber was unanimous.