The Condominium Convention Process and Attention to Infrastructure Sharing

When a large group of people share the same space, whether in a condominium or building, it becomes essential to create rules and regulations to ensure harmonious coexistence and allow everyone to cohabit in a similar way..

For this reason, the condominium convention was created, which is an official document that is subject to fundamental laws such as the Federal Constitution and the Civil Code for Condominiums.

Its main purpose is to establish rules and guidelines that guarantee proper functioning and good coexistence between residents and owners. Otherwise, each condominium owner could act according to their own will.

The condominium convention represents precisely this set of rules that all residents must obey, in order to regulate the operation of the project, establishing rights and obligations for all residents and visitors to the condominium.

For proper implementation, it is highly recommended that the convention be drawn up in the initial plans for carrying out the project. This means that during an initial planning phase, the building's construction company or developer can establish standards and guidelines, which will later be presented to condominium owners at the first condominium assemblies..

The § 3 of article 9 of Law No. 4,591, of December 16, 1964, provides that the convention must contain:

a) the breakdown of exclusive property parts and condominium parts, with specifications of the different areas;

b) the destination of the different parts;

c) the way of using common things and services;

d) charges, form and proportion of condominium owners’ contributions to current and extraordinary expenses;

e) the way to choose the liquidator and the Advisory Board;

f) the trustee’s duties, in addition to the legal ones;

g) the definition of the free or remunerated nature of their functions;

h) the method and deadline for calling general meetings of condominium owners;

i) the quorum for the different types of votes;

j) the form of contribution to constitute a reserve fund;

l) the form and quorum for changes to the convention;

m) the form and quorum for approval of the Internal Regulations when not included in the Convention itself.

In view of the above, we note that in the Convention, in addition to the other topics listed above, the division of Common Areas is carried out, which encompasses all spaces that can be used by the owners or tenants of the enterprise (these areas are maintained, managed and financed collectively by the members of the condominium or community), and Private Areas, which, as the name suggests, are for the private use of the owner, and normally include spaces and any area that is part of a specific residential or commercial unit, where the other condominium owners do not have access.

Keeping this thought about the operation of the enterprise being regulated, guaranteeing rights and duties of all residents and visitors to the condominium, in the same way, the impacts on the divisions of Infrastructure sharing areas must be analyzed.

It is extremely important for the Parties to understand the need for the areas of use of infrastructure sharing to approach Telecommunications Operators that will serve the users of the Condominium/Enterprise to be characterized in the Convention as a Common Area, since the cable tray network where operators lay cables to provide services to condominium owners/users, is shared between them.

Establishing the infrastructure areas for the Operators' approach as common, even facilitates the issue of remuneration for Onerous Space Assignment Contracts intended for the installation of telecommunications equipment in condominiums that have subcondominiums and make their decisions by the fractions they own, promoting transparent relationships and trust between the parties involved from the beginning.

Paying attention to the points mentioned above, in order to ensure adequate compliance with the standards for installing telecommunications equipment in common areas of projects, it is recommended that condominiums seek the support of specialized consultancy in the area, which has trained professionals. with the necessary knowledge to guide the drafting, including the Convention, with specific technical terms, ensuring that they are in compliance with current technical and legal standards.