Portuguese 
English 
Spanish 
3 min of reading 
0 comments 
Minas Gerais Court Rules That, Even After Prescription, Condominiums Can Maintain Extrajudicial Collection of Old Debts Linked to the Property
The decision of the 10th Civil Chamber of the Court of Justice of Minas Gerais redefines how condominiums handle old debts and, consequently, reinforces the legal understanding of obligations propter rem. Although prescription prevents judicial collection, the court understood that the right to extrajudicial recovery remains preserved, which changes the handling of internal collections in various condominiums in Minas Gerais.
Legal Understanding and Nature of Propter Rem
The court’s position is based on the premise that condominium charges follow the property, regardless of the owner. Therefore, even if the debts were generated between October 2016 and April 2020, the responsibility remains linked to the asset. The debtor, therefore, claimed to have acquired the property after the debt was formed, but the court ruled that this does not eliminate the duty of payment.
Additionally, the rapporteur Judge Cavalcante Motta highlighted that prescription only prevents judicial collection, which, however, does not nullify the subjective right to performance. Thus, the condominium in Contagem (MG) was authorized to proceed with extrajudicial collection.
-
The noise law will no longer be in effect at 10 PM starting in June with a new rule valid during the 2026 World Cup.
-
The Chamber opens a debate on driver’s licenses at 16 years old as part of a reform that includes around 270 proposals to change the Brazilian Traffic Code and may redesign rules for licensing, enforcement, and circulation in the country.
-
The new Civil Code could revolutionize marriages in Brazil with “express divorce” and changes that could exclude spouses from inheritance.
-
Banco do Brasil sues famous influencer for million-dollar debt and intensifies debate on delinquency, risks of seizure, and direct impact on Gkay’s credibility.
Basis of the Decision and Impact on Owners
Based on this understanding, the court determined that prescription does not interfere with extrajudicial collection, since the debt continues to exist, even though the judiciary cannot compel its payment. The judge explained that, although time has limited judicial enforceability, the debt remains active in relation to the condominium, which can utilize non-coercive means to request payment.
The updated amount of the debt, as recorded in the case, is R$ 30 thousand. Thus, the court recognized that the obligation subsists and continues to fall on the property, reinforcing the propter rem nature of condominium charges.
Internal Procedures and Buyer Obligations
The TJ-MG also emphasized that the transfer of the property does not eliminate the buyer’s obligation, who inherit all existing debts. As a result, the injunction that had prohibited extrajudicial collection and ordered the immediate issuance of a Negative Debt Certificate was overturned.
For the rapporteur, “prescription prevents judicial collection of a debt whose prescription period has consolidated, but does not reflect on the subjective right to performance of the debt.” This statement synthesizes the adopted understanding and supports the final decision.
Professional Responsibility and Conduct of the Process
In this case, the condominium was represented by a law firm, which acted in all procedural stages. The specialized performance ensured that the legal argumentation remained aligned with the most consolidated interpretations of condominium debts and their legal consequences.
Effects of the Decision and Changes in Condominium Management
As a result, the decision strengthens the legal security of condominiums. Additionally, it guides owners on the need to check for outstanding debts before acquiring properties. Thus, extrajudicial collections remain valid even after long periods, as long as they are conducted without abuse or coercion.
In this way, the TJ-MG establishes important guidelines for the sector, clarifying that prescription only limits the judicial pathway, but does not extinguish the financial obligation linked to the property, which remains active until performance is fulfilled.
-
3 pessoas reagiram a isso.