A CRIAÇÃO DE CONDOMÍNIOS EDILÍCIOS NO CONTEXTO DO ORDENAMENTO JURÍDICO

The objective of this research is to address the creation of condominium buildings within the legal framework. Initially, the concept of a condominium will be discussed. Subsequently, the legal regime of condominium buildings is detailed, highlighting Law No. 4,591/1964 as the main regulatory norm in Brazil. Following that, the legal nature of condominium buildings is analyzed, emphasizing the combination of individual ownership of private units with the co-ownership of common areas. The limits of property rights in the context of co-ownership are discussed, addressing how individual condominium owners’ rights are restricted by collective norms and decisions made in assemblies. The research methodology will be carried out through a literature review. These restrictions aim to maintain order and ensure harmonious coexistence among residents, imposing limits on the use of both private units and common areas. Next, the individual duties of condominium owners and the obligation of collective solidarity are explored. Finally, the article analyzes residential leasing of units within condominium buildings, considering how the private autonomy of landlords and tenants interacts with the collective rules of the condominium. The lease must comply with the internal regulations, ensuring that tenants also adhere to the obligations and responsibilities established to maintain order and peaceful coexistence.