Brazil's Convenção de Condomínio Explained

The convenção is the document that gives a Brazilian condomínio edilício its shape: how the bills are paid, who administers, how the assemblies decide and what happens to someone who breaks the rules. This article explains what the Código Civil says in arts. 1.332 to 1.334 and 1.351, and nothing beyond that. It is not legal advice: what applies to a condominium is the text of its registered convenção, and its lawyer should review any draft before it is used. The Portuguese version, with the same outline, is here.

What the convenção is

A condomínio edilício is instituted by an act between living persons or by will, registered at the Cartório de Registro de Imóveis (the property registry). The act must list, beyond what special law requires, the units of exclusive ownership and the common parts, the ideal fraction of each unit and the purpose the units are for (art. 1.332).

The convenção that constitutes the condomínio must be signed by the holders of at least two thirds of the ideal fractions, and it binds at once the holders of rights over the units and anyone with possession or detention of them (art. 1.333). So it binds more people than those who signed it.

What it contains

Besides the clauses of art. 1.332 and any others the parties choose to stipulate, art. 1.334 says the convenção determines:

1. The proportional share and the way of paying the contributions that cover ordinary and extraordinary expenses (item I).
2. The form of administration (item II).
3. The powers of the assemblies, how they are convened and the quorum required to decide (item III).
4. The sanctions owners or possessors are subject to (item IV).
5. The regimento interno, the internal rules (item V).

How it is approved and changed

• Constitution. Signed by holders of at least two thirds of the ideal fractions (art. 1.333).
• Form. By public deed or by private instrument (art. 1.334, § 1º).
• Who counts as an owner. For the purposes of art. 1.334, promissory buyers and assignees of rights over the units are equated with owners unless otherwise provided (art. 1.334, § 2º), which matters in buildings sold off-plan.
• Registration. To be enforceable against third parties, the convenção must be registered at the Cartório de Registro de Imóveis (art. 1.333, sole paragraph).
• Change. Changing the convenção, or the purpose of the building or of a unit, depends on the approval of 2/3 of the votes of the condôminos (art. 1.351).

What these articles do not say

They contain no model text, no mandatory chapter list and no minimum length. What a given condomínio decided beyond the points of art. 1.334 is in its registered convenção and nowhere else.

Convenção and regimento interno: the difference

Convenção:

• It is the act that constitutes the condomínio and determines the points of art. 1.334, I to V.
• It is signed by holders of at least 2/3 of the ideal fractions (art. 1.333).
• It is changed with 2/3 of the votes of the condôminos (art. 1.351).
• It must be registered to bind third parties (art. 1.333, sole paragraph).

Regimento interno:

• It is one of the points the convenção determines (art. 1.334, V).
• The articles cited here give no quorum of its own for approving or changing it and say nothing about registering it: check your convenção.
• In practice it covers day-to-day routines: hours, use of common areas, moves, pets, parking.

The last point on the regimento describes common use, not Code text. If a rule of the regimento seems to conflict with the convenção, take the question to the condomínio's lawyer: the articles cited here do not settle it. For a printable regimento, see the Brazil regimento interno model.

A structure outline for a convenção

An outline to organize the conversation with a lawyer, not a ready-made text. Each line names its source: the Civil Code article that requires it, or "customary clause, not listed in art. 1.334" when it is common practice without a basis in that article.

CONVENÇÃO DE CONDOMÍNIO: STRUCTURE OUTLINE
[Working outline. The convenção is drafted and reviewed by the condominium's
lawyer. It is not an official model.]

1. IDENTIFICATION: name, address, property registration  [customary clause]
2. INSTITUTING ACT                                          [art. 1.332]
   units and common parts; ideal fraction of each unit; purpose of the units
3. CONTRIBUTIONS                                          [art. 1.334, I]
   proportional share; way of paying ordinary and extraordinary expenses
4. ADMINISTRATION                                        [art. 1.334, II]
5. ASSEMBLIES                                           [art. 1.334, III]
   powers; how convened; quorum
6. SANCTIONS                                             [art. 1.334, IV]
7. REGIMENTO INTERNO                                      [art. 1.334, V]
8. OTHER CLAUSES the parties choose to stipulate    [art. 1.334, caput]
9. CHANGING THE CONVENÇÃO: 2/3 of the votes of the condôminos [art. 1.351]
10. SIGNATURE AND REGISTRATION                              [art. 1.333]
    holders of at least 2/3 of the ideal fractions; public deed or private
    instrument (art. 1.334, § 1º); registration at the Cartório de Registro
    de Imóveis

How Unitify helps, and what it does not do

Unitify does not draft, review or register a convenção. What it does is get the document and the decision to residents:

• On the building's website, documents such as the convenção and the regimento sit on the building's page, and what you publish once in Unitify reaches residents in the app and shows on the site.
• Announcements, such as the notice of an assembly that will vote on a change, reach residents in the resident app, by email and on the building's website, with read receipts.
• In resident voting, the tool records votes; whether that makes a decision valid depends on the law and on the condominium's convenção, and Unitify does not offer qualified electronic signature.

See the Brazil page, the pricing page or book a demo. The Portuguese glossary entry on the convenção summarizes the same articles.