Law
What a condominium administrator does (and doesn't do)
Condominium administrator duties under Article 1436 of the Portuguese Civil Code: what falls to them, what the owners decide, and what is left out.
· 6 min read · Condgest
The condominium administrator is the building's executive body: they call the owners' meeting, prepare the budget, collect the condominium fees, pay the shared expenses, carry out what the meeting decides and account for it. The condominium administrator's duties are listed in Article 1436 of the Civil Code, as revised by Law 8/2022 of 10 January (in force since 10 April 2022). What the article does not give them (deciding on works alone, mediating disputes between neighbours, stepping in inside the units) is not the administrator's job, however much people expect it.
Who runs the condominium: the owners' meeting and the administrator
The Civil Code provides for two bodies: the owners' meeting (assembleia de condóminos) and the administrator (Article 1430). The meeting decides; the administrator carries out.
The administrator is elected and dismissed by the owners' meeting. It can be one of the owners or a company, the role can be paid and, unless otherwise provided, the term is one year, renewable (Article 1435). If the meeting does not elect anyone, any owner can ask the court to appoint one.
The administrator's acts can be appealed to the owners' meeting (Article 1438), which has the final say.
The condominium administrator's duties (Article 1436)
Article 1436 lists the duties. Grouped by area, they are:
Financial management
- Prepare each year's budget of income and expenses.
- Collect income and pay the shared expenses.
- Require each owner to pay their share of the approved expenses, including interest and financial penalties set in the building's rules or by the owners' meeting.
- Check that the common reserve fund (fundo comum de reserva) exists; it is mandatory under Article 4 of Decree-Law 268/94 (a minimum contribution of 10% of each owner's share of the other expenses).
- Account to the owners' meeting.
- Issue, at the request of an owner who is selling their unit (fração autónoma), the statement of current condominium charges and any outstanding debts, within 10 days at most (Article 1424-A). It is a mandatory document for the deed of sale (or the authenticated private document).
Technical management and upkeep
- Carry out acts to preserve the rights relating to the common parts.
- Regulate the use of the common parts and the provision of shared services (cleaning, lifts, lighting, gates).
- Check that the fire insurance, mandatory under Article 1429, is in place, and propose to the owners' meeting the sum to be insured.
- When the owners' meeting resolves on extraordinary maintenance works or improvements (inovações), present at least three quotes from different sources, unless the building's rules or the meeting provide otherwise.
Legal and administrative management
- Call the owners' meeting.
- Carry out the meeting's resolutions that have not been challenged, within 15 working days at most or within the deadline the meeting sets.
- Represent the owners as a whole before administrative authorities.
- Ensure compliance with the building's rules and with the legal and administrative provisions applying to the condominium.
- Inform the owners, in writing or by email, whenever the condominium is served or notified in court proceedings, and about how those proceedings develop.
- Keep and maintain all the condominium's documents.
An administrator who fails to carry out these duties is liable under civil law for the omission, without prejudice to any criminal liability (Article 1436).
What falls to the owners' meeting, not the administrator
Some decisions the administrator can prepare but cannot take:
| Decision | Who decides | Administrator's role |
|---|---|---|
| Annual budget and previous year's accounts | Owners' meeting (Article 1431) | Prepares and presents |
| Extraordinary maintenance works or improvements | Owners' meeting | Gathers quotes and carries out what is approved |
| Election and dismissal of the administrator | Owners' meeting (Article 1435) | — |
| Approval or amendment of the building's rules | Owners' meeting | Proposes and enforces |
| Authorising works in a unit that change the architectural line or the look of the building | Owners' meeting, by a two-thirds majority of the building's value (Article 1422) | Takes the request to the meeting |
| Reserve fund contribution above the legal minimum | Owners' meeting | Proposes |
Rule of thumb: if the decision commits money outside the approved budget or changes the building, it is for the owners' meeting.
What is not the administrator's job
This is where a lot of frustration comes from: some frequent requests are, under the law, not the administrator's responsibility.
Settling private disputes between neighbours
Noise, smells, washing lines, pets or personal disagreements between owners are, as a rule, matters between private individuals. The administrator can point to the building's rules, if they cover the issue, and put the matter to the owners' meeting. They have no power to impose penalties that the rules or the meeting have not provided for, nor to arbitrate disputes. Depending on the case, the right route may be a justice of the peace court (julgado de paz), mediation or the authorities.
Works and faults inside the units
The inside of each unit is the exclusive property of its owner. A broken tap, a kitchen renovation or a leak coming from private plumbing are the responsibility of the unit's owner (and, if third parties suffer damage, of their insurance). The administrator steps in when the source is in a common part, such as a waste pipe stack, the roof or the façade, or when private works affect the common parts or the look of the building.
Deciding alone on works the owners' meeting has not approved
Apart from acts of preservation and essential, urgent repairs, the administrator should not go ahead with works that are not in the budget or in a resolution. If they do, they risk the expense being challenged.
How to tell whether your administrator is doing the job
A few simple questions help assess the work:
- Is the ordinary meeting called in time, and are the accounts presented in a way you can understand?
- Does the common reserve fund exist, is it held in a separate account, and does it hold what it should?
- Is the fire insurance up to date?
- Are resolutions carried out within 15 working days?
- Can you see the accounts, minutes and notices without having to ask for them in writing?
If the answer to several of these questions is "no", it is worth reviewing the contract. We explain the process in how to change management. If your main problem is costs that rise every year, see also how to reduce maintenance costs in a condominium.
How Condgest works
Condgest handles the financial, technical and legal management of residential, commercial and mixed-use buildings in Lisbon, Cascais and Montijo, with an owners' portal where each owner can see accounts, minutes and notices. See the details in services.
This article is for information only and is not a substitute for legal advice on a specific case.
Want to know what would change in your building with professional management? Request a proposal or contact us on +351 215 934 450 or geral@condgest.com.
This article is for information only and is no substitute for legal advice on a specific case. It is a translation of the Portuguese original; the law referred to is Portuguese law.