Brazil: Legal limits on condominium debt collection and enforcement

Condominiums in Brazil have specific legal rights and limitations regarding the collection of unpaid fees and the management of resident behavior. While unpaid contributions can compromise essential services and security, management must avoid illegal practices, such as publicly shaming debtors on messaging apps or restricting access to common areas like pools and gyms to pressure payment. The Superior Tribunal de Justiça (STJ) has ruled that restricting common area usage is illegal.

Legally, unpaid debts can be recovered through expedited execution actions under the Code of Civil Procedure. In certain circumstances, the debt can lead to the seizure of the property itself, even if it serves as the family's sole residence, provided legal procedures and the right to defense are respected. All collection efforts must adhere to the specific procedures outlined in the condominium's Convention and internal regulations.