[vc_row][vc_column][vc_column_text]Certainly, you know that the syndic is an essential figure in the administration of a condominium. It is to him that the residents turn to when there is some kind of problem. In addition, he performs several functions that ensure the proper functioning of the facilities and improves the conviviality among the residents. But do you know, in fact, how the management of the syndic works?
Next, you will understand more in depth how this activity is performed, its norms, risks and other relevant matters. Check it out!
What does a syndic really do?
The syndics are responsible for the proper functioning of the condominium. This includes access management, maintenance and repair of buildings, security, etc. They also oversee the service provider teams, perform administrative work, and ensure that owners pay their fees in a timely manner.
These are just some duties of a syndic. Article 1,348 of Law 10,406 of the Brazilian Civil Code lists several other functions, such as take care of the common area and maintaining it, following the decisions of the assemblies, among many others.
How does the election of a syndic work?
The choice of a syndic must be made in an assembly. It is worth remembering that the person elected may be or not a joint owner and will be responsible for the administration of the condominium for a term not exceeding two years, which may be renewed.
The law doesn’t have limitations on the number of times a syndic can be re-elected, however, this can be delimited in condominium convention clauses.
In addition, if the residents so decide, other bodies may be set up to assist in the condominium administration, like a fiscal council, composed of three members elected by the assembly for a term not exceeding two years, which is responsible for advising on the syndic accounts.
What are the risks of the management of the syndic?
Although not generally known, the management of the syndic also involves risks. Here are some examples:
Disasters resulting from reforms
In case of reforms, the syndic is responsible for collecting all documentation necessary from the residents to prove that the intervention will not affect the structure of the building. Therefore, he may be liable for collapse, accident or concussion if he has not fulfilled that obligation.
Nonpayment of employee social security contribution
The management of the syndic must accompany the payment of social charges, either from employees or outsourced. In case of non-payment, the condominium may be ordered to pay considerable sums related to this type of tax.
In order not to have future headaches, the syndic must request verification and proof of payment of all social charges, at the most every three months.
AVCB (Inspection of Fire Department of Brazil) expired
Another important risk to the management of the syndic concerns the AVCB. The term of renewal of this document generally varies between 3 and 5 years.
The syndic may respond civil and criminal in the event of a fire in the condominium and the AVCB is overdue.
Risk of legal action
If any condominium owner feels injured or is suspicious of any illegal practices, he can sue the syndic because of his management.
Therefore, it is important that, in addition to good ethical conduct, condominium management systems are used to prevent the loss of critical information and have an accurate record of administrative and financial transactions.
In addition, the syndic may be held liable for accidents occurring in common living spaces, recreation areas, elevators, etc. If a lack of maintenance or janitorial services is proven, he or she shall be liable for the event.
That’s why it is important to have the help of a good maintenance and conservation company to ensure no incident occurs due to negligence or recklessness.
You are now familiar with the key attributions, useful information, and risks of the management of the syndic. If you liked this content then you will also like to find out why it is important to control os visitors in your condo. Good reading![/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][ultimate_icons][/ultimate_icons][/vc_column][/vc_row]
