05/11/2024
The recent decision by the Fourth Panel of the Superior Court of Justice (STJ) underscores the importance of condominium agreements regarding the sale of parking spaces. In ruling on Special Appeal No. 2.095.402/SC, the panel upheld that the restriction on selling parking spaces to third parties without express authorization in the condominium’s bylaws applies, even in judicial sales, such as public auctions. This interpretation aims to preserve both security and organization within condominium environments.
The case originated from an extrajudicial enforcement action filed by a financial institution against a debtor, whose property included a parking space with its own registration. The creditor sought the attachment of this asset, contending that the parking space was not exempt from attachment. The property owner countered by arguing that the condominium’s bylaws restricted sales to external parties. In the lower courts, both the first-instance judge and the Santa Catarina Court of Appeals permitted the sale to third parties while emphasizing that co-owners would have the right of first refusal to match any external offers.
STJ’s decision was primarily based on Article 1,331, § 1, of the Civil Code, which prohibits the sale or lease of parking spaces to non-residents without express authorization in the condominium bylaws. This provision is seen as essential for controlling access to condominium property, minimizing the circulation of outsiders, and reducing the risks of theft and vandalism. Justice Antonio Carlos Ferreira, the case’s rapporteur, further highlighted that STJ Precedent 449 allows the attachment of parking spaces with independent registration, provided that sales restrictions established in the condominium bylaws are respected.
Based on this interpretation, the Fourth Panel ruled that the judicial sale must be limited to condominium co-owners, as the property does not lose its condominium nature even under forced sale. This decision exemplifies the balance between the right to execute assets for debt satisfaction and the respect for internal condominium rules that aim to protect the residents’ security. The full opinion is available in Special Appeal No. 2.095.402/SC
Leia o acórdão no REsp 2.095.402.
Authored by: Frederico Augusto Bernardo de Oliveira
