Summary
The liquidators who abuse the office by creating a “condominium of fear” can be rejected through tests, formal complaints, assemblies and causes; Residents must act legally and organized to combat intimidation and abuse of power.
In a healthy condominium, the liquidator should be the head of the collective heritage and a conflict mediator, promoting harmony among the neighbors. However, in some cases, what is seen is the opposite: the liquidators who use the position to pursue, intimidate and threaten residents, creating a real “condominium of fear”.
According to a survey by the Brazilian Association of Professional Syndicos (Abrasp), 11% of the complaints received in 2024 involved an abusive conduct of liquidators, including retaliation, excess notifications and public embarrassment. In high predefined contexts and internal disputes, the tension tends to grow and, if managed badly, can become collective bullying.
What are the limits of the liquidator’s power?
Article 1.348 of the Civil Code defines the attributions of the liquidator: represent the condominium, respect and enforce the agreement and decisions of the assembly and guarantee the conservation of the building. No legal provision authorizes the conduct of threat, persecution or discrimination against the owners.
According to Juliana Teles, a lawyer specialized in condominium law, “the power of the liquidator is administrative, not personal. It can inform and accuse respect for the rules, but always within legality and impersonal. When there is an intimidation, abuse of power and possible civil and criminal liability”.
Verbal threats, embarrassment in messaging groups, exposure to public debt or any type of retaliation are an abuse of authority and can characterize crimes against honor or bullying.
What can the resident do before a violent liquidator?
1. Registration test – Save messages, notifications, recordings (when legally allowed) and testimonies.
2. Formalizing complaints – Protocol complaint with the administrator or in the occurrence book.
3. Assembly of Evoca – Article 1.355 of the Civil Code guarantees that 1/4 of the owners can request the assembly to manage the dismissal.
4. Vote for the dismissal – According to article 1.349 of the civil code, the liquidator can be removed at any time by the decision of the absolute majority of those present, when there is abuse of power, irregularities or bad management.
5. Jutinianly trigger – It is possible to present an injunction of the liquidator, if there is an imminent risk for the physical, moral or patrimonial integrity of the residents.
Data and trends
Every 10 dismissal actions analyzed by the TJ-SP in 2024, 4 included accusations of bullying by the liquidator.
62% of the liquidators dismissed by decision of the Court were of abuse of power or bad management (data of the National Association of Condominum Administrs – Anacond).
The jurisprudence is clear: the liquidator’s position is a function of trust and when the occupant breaks this trust, the removal is a legitimate measure.
The liquidator does not have the condominium, but a community agent. When the position is used as an intimidation tool, it is up to residents to react in an organized and legal way. Silence, in these cases, only prolongs abuse.
In the words of Juliana Teles, “fear is the authoritarian tool. The information and unity is the weapons of the conscious resident”.
It inspires the transformation into the world of work, business, society. It is the creation of the compass, content and the connection agency.
Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
