Building Manager, Tenant and Owner: Best Communication Practices
Building Manager, Tenant and Owner: Best Communication Practices
Dicas para Síndicos e PMES
Managing rented units is one of the most common challenges in condominiums with a mix of owners and tenants. Clear communication from the building manager helps ensure peaceful coexistence, uphold internal rules and reduce conflict, especially on sensitive matters such as late service charge payments, breaches of house rules and participation in general meetings.
Service charges: responsibility and communication
From a legal standpoint, the condominium's relationship is with the unit owner, even where there is a tenant. Even when the tenancy agreement transfers payment of ordinary service charges to the occupant, it remains the owner's obligation to answer for the debt to the condominium. In the event of late payment, the building manager should formally notify the owner, preferably through a method that leaves a record (email or a formal document), specifying the amounts owed, the periods involved, the consequences and the deadlines for settling the debt. This notification can reduce the need for subsequent legal action and demonstrates diligence in managing the condominium.
House rules and tenants
The tenant, upon occupying the unit, becomes responsible for complying with the by-laws and internal regulations, just like any owner. Conduct such as excessive noise, improper use of common areas or disregard for building rules should initially be addressed by the building manager through dialogue with the tenant, aiming to raise awareness. If the problem persists, the building manager can inform the owner, detailing the facts and requesting their intervention, bearing in mind that any condominium penalties, where applicable, fall on the unit and, by extension, on the owner.
General meetings: participation and representation
Participation in general meetings is a matter deserving attention. Under the Civil Code (Article 1,335), the right to vote and to participate fully in decisions belongs to the unit owner, even where the tenant occupies the property. However, it is advisable for the building manager to include both the owner and the tenant in meeting notices, allowing the occupant to be aware of meetings, notices and agendas, and noting that the owner may authorise the tenant to represent them at the meeting, should they wish to do so. This practice increases transparency and avoids confusion over who may vote or take part in decisions.
Good communication practices
Adopting structured communication mechanisms improves coexistence and reduces conflict:
Using multiple channels (email, noticeboard postings or apps) to inform residents about arrears, rules and meetings, ensuring records are kept and transparency maintained.
Setting clear deadlines for responses to notifications, making it easier to track matters and enforce accountability.
Documenting all communications, including dates, content and the means used, to ensure traceability in the event of a dispute.
Explaining the legal grounds and regulations underpinning decisions, reinforcing residents' trust and understanding.
Promoting condominium education through notices or short guides on the duties and rights of tenants and owners, reducing misunderstandings.
Effective communication between building manager, tenant and owner not only helps resolve practical issues but also strengthens a culture of respect and responsibility within the condominium community.
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