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I WAS STUCK IN THE ELEVATOR. AND NOW?

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If you live in a building and use elevators constantly, you should be prepared for a situation like this. It may never happen, but if it does, it is good to be prepared to take the letter.

Usually during the summer our region is affected by thunderstorms and storms. This causes us to have many falls and fluctuations in the supply of electricity and there are usually “blackouts” that leave much of the city without power.

It is common in this period cases of people trapped in elevators, but this can be avoided by simply avoiding the use of elevators during thunderstorms and storms.

We emphasize that according to NBR 16083/2012 only technicians from qualified companies and the Fire Department are able to rescue people trapped in elevators and in situations of thunderstorms and thunderstorms this service can take.

Statistics show that the incidence of accidents in elevators is related to incorrect attitudes in the rescue of passengers, as well as the user's attempt to force the exit without the assistance of a specialized technician.

Therefore, following a few basic tips can guarantee your safety and ease the discomfort of being trapped in the elevator:

We are a family owned and operated business.

  • Keep Calm;

  • Ask for help with the alarm button, intercom / communicator or try calling the service phones inside the booth;

  • Stay seated while waiting for help;

  • Never, under any circumstances, try to leave the elevator alone. The equipment will be able to return to work the moment you are leaving;

  • Do not accept help from people other than qualified technicians or the Fire Department;

  • Do not force the doors, it can make the rescue difficult later;

  • Most cabs have emergency lights that guarantee the power supply for a few hours, even in the event of a power outage;

  • The elevator has natural ventilation to renew the air, but there is in fact a restriction, so avoid talking, especially when there are more people trapped;

  • The elevator is equipped with safety systems that prevent the free fall of the cab, such as the speed limiter and the safety brake, do not worry you will be safe.

CARING FOR YOUR PET
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The increase in the population of pets in condominiums increasingly shows the special care needed to avoid unnecessary arguments and intrigues.

If you have a pet at home, joy is guaranteed. In addition to companions and worshipers, pets brighten the environment, create interactions and teach a lot. However, for those who live in a condominium, having a pet in the apartment requires more care and it is necessary to pay attention not to harm their neighbors.

 

Below we highlight some information to help in this coexistence:

 

  • Do not travel with your pet on the floor inside the condo, this prevents him from peeing where he shouldn't.

  • Keep vaccines up to date and protect the health of the dog, yours and that of everyone who comes in contact with it.

  • Prefer the street or squares for a walk, do not walk with your pet in the garden, playground or in the garage of the condominium.

  • Carry plastic bags to collect your pet's waste and never allow him to pee in areas where people and children have direct contact. It is forbidden for any animals to make their needs in the common area of the condominium.

  • If a resident's pet is making a noise, before filing a complaint, talk to the resident and report it only if the problem persists.

  • Use common sense when choosing the animal that will share the apartment with you. Research the breeds, behavior and size of the animal before deciding.

  • Some breeds are considered dangerous, such as rottweilers, pitbulls, dobermans and Brazilian queues and must use muzzles. The obligation is also valid inside the condominium.

  • The animal must always be up-to-date and without strong odors.

  • In case of travel or long time away from home, do not leave the animal locked in the apartment. Host it at the home of a relative, friend or even a hotel for dogs.

  • If there is no collaboration from the pet owner, fines for non-compliance with the rules established by the condominium may be applied.

 

Contribute so that your home is an environment of harmony and integration. Do your part.

JUDICIAL COLLECTION OF DEFAULTS
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Changes in the judicial collection of condominium contributions promise to speed up the collection of defaults.

With the entry into force of the new Civil Procedure Code, some substantial changes have arisen in the judicial collection of overdue condominium contributions.

 

Essentially, the big change is due to the fact that the new CPC includes the condominium contribution in the list of extrajudicial executive titles, which means that, from now on, the condominiums no longer need to file a collection lawsuit, but with a judicial execution of extrajudicial executive title. In this way, the joint debtor will no longer be summoned to contest the facts and requests presented by the creditor, but to pay the debt or appoint assets for attachment.

 

As shown below, there will be a considerable reduction in the time required for judicial collection to have a practical effect:

COMPARATIVE:

 

BEFORE THE NEW CPC:

 

- the debtor is summoned to contest the action in 15 (fifteen) days;

- presented the contestation, the Judge opens the period for reply

- submitted the reply, the Judge opens a period for the indication of evidence and expression of interest or not at the conciliation hearing

- in case of interest, the Judge may designate the conciliation hearing

- if there is no evidence to be produced, the judge performs the early judgment of the case under article 330 of the CPC, giving the sentence

- after the sentence, the Appeal Appeal period is open

- After the sentence has become res judicata, if there are no appeals, the execution of the sentence begins, and then the execution phase begins.

- the debtor is summoned to pay within 15 (fifteen) days, under penalty of a fine of 10% on the updated amount, under the terms of article 475-J of the CPC

- if the payment is not made, the fine is added to the amount due, the procedures for constricting assets, such as online attachment, attachment of the property, etc., are initiated.

 

WITH THE NEW CPC:

 

- the debtor will be summoned to pay the debt in 3 (three) days, and assets can already be pledged by the creditor in case of non-payment

- if there is no payment within the stipulated period, the attachment will fall on the indicated asset and other acts of constriction and alienation will begin, if necessary

 

 

However, we must emphasize that condominiums must observe the legal and conventional determinations on the form of charging the condominium fee. Let us see that the Civil Code in its article 1.350 provides that a budget of expenses to be apportioned for the next financial year must be approved annually. In addition, most condominium agreements provide for the approval of an expense budget to be apportioned between tenants. Therefore, condominiums that eventually adopt systems of apportionment of expenses made in the last month, or monthly forecast of expenses, will have to adapt so that they can take advantage of the speed created by the new CPC.

 

“The liquidator shall convene, annually, a meeting of the assembly of the tenants, in the manner provided for in the agreement, in order to approve the budget of expenses, the contributions of the tenants and the rendering of accounts, and eventually elect the substitute and change the internal rules. ”.

(Article 1.350 of the Civil Code)

 

Failure to comply with legal and conventional formalities for the calculation and collection of condominium contributions will result in the disqualification of the condominium credit as an extrajudicial executive title, since according to Art. 784, item X of the new CPC, the condominium contributions must be provided for in the convention, or approved by the general meeting, as follows:

 

"CHAPTER IV

REQUIREMENTS REQUIRED TO PERFORM ANY EXECUTION

Section I - Executive Title

Art. 784. The following are extrajudicial executive titles:

X - The credit referring to the ordinary or extraordinary contributions of a building condominium, provided for in the respective convention, or approved by the general meeting, as long as they are documented as proof ”

 

Therefore, we suggest that condominiums that may adopt a criterion different from the ordinary expenses budget for the following fiscal year approved by the meeting, change the form of calculating the collection and apportionment of the condominium contribution, respecting the provision of the Civil Code, the Condominium Convention and also from the New Civil Procedure Code so that they can then enjoy the benefit of directly executing the condominium credit.

 

The condominium manager has the resources to prepare a budget for the annual expenses of the condominium, foreseeing common and ordinary expenses, projecting the necessary amounts to pay them in the next financial year. The budget must then be presented at the meeting for approval and then the apportionment between the tenants and collection of the monthly condominium contributions must be carried out.

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