Condominium Debts in Judicial Recovery: STJ

The classification of condominium debts in judicial recovery depends on the triggering event: prior obligations are pre-petition (concursais) and subsequent ones have administrative (extraconcursal) nature.

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Por Editorial Team of the 5th Notary Public Office of Recife — Legal writing assisted by AI · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notarial and registral law.

Classification and Submission of Condominium Debts in Judicial Recovery according to the STJ

This article answers

  • Are condominium fees included in the debtor's judicial recovery?
  • Does the propter rem nature of condominium fees override judicial recovery rules?
  • Are condominium debts prior to the judicial recovery petition subject to the creditors' plan?
  • Are condominium fees due after the judicial recovery petition considered administrative expenses (extraconcursal credits)?
  • Can the condominium attach (penhorar) the property in recovery to collect overdue fees?

In summary

  • Condominium debts in judicial recovery are classified according to the date of the triggering event (fato gerador) of each obligation.
  • The propter rem (attached to the property) nature of the obligation does not remove fees due prior to the recovery petition from the regime of Lei nº 11.101/2005 (Brazilian Bankruptcy and Judicial Recovery Law).
  • Fees due up to the date of the judicial recovery petition enter the creditors' plan as unsecured claims (créditos concursais quirografários).
  • Fees due after the debtor's petition have an administrative status (créditos extraconcursais) and must be paid in the normal course of business operations.

Are condominium fees included in the debtor's judicial recovery?

Yes, condominium debts in judicial recovery are subject to the plan rules when their origin is prior to the judicial recovery petition. A company undergoing judicial restructuring submits all of its obligations due up to the date the debtor files the petition to the creditors' plan approved by the General Meeting of Creditors (Lei nº 11.101/2005, art. 49).

The jurisprudence established by the Superior Tribunal de Justiça (STJ - Superior Court of Justice) stipulates that the defining temporal milestone is the occurrence of the triggering event (fato gerador). If the condominium amount corresponds to months prior to the recovery petition, the debt is entirely submitted to the general list of creditors.

Whether you manage a condominium association or represent a debtor company, you must pay attention to the due date of each installment. The legal treatment changes completely depending on the timing of the title's maturity.

Does the propter rem nature of condominium fees override judicial recovery rules?

No, the propter rem (obligation attached to real estate) nature of condominium fees does not override the effects of Lei nº 11.101/2005 on condominium debts in judicial recovery. The Superior Tribunal de Justiça (STJ) decided that this characteristic does not create an automatic legal preference that isolates the amount from the rules of the recovery plan.

Although the debt follows the real property, business restructuring aims to preserve the social function of the debtor business. Treating condominium debt as immune to collective insolvency rules would break equal treatment (isonomia) among other creditors and compromise financial reorganization.

For this reason, the debtor's real property recorded in the Registro de Imóveis (Real Estate Registry) remains under the authority of the judicial recovery court for acts of asset constriction and attachment (penhora).

Are condominium debts prior to the judicial recovery petition subject to the creditors' plan?

Yes, obligations due prior to the distribution date of the reorganization petition fall under the category of pre-petition claims (créditos concursais). The inclusion of condominium debts in judicial recovery for old due dates occurs mandatorily in the General List of Creditors (Quadro Geral de Credores).

These debts are classified, as a general rule, in the group of unsecured claims (créditos quirografários, without specific real security). The creditor condominium votes in the creditors' assemblies within the corresponding class and receives payment under the conditions established by the approved plan.

The condominium manager (síndico) cannot conduct individual executions or immediate collection acts outside the universal recovery court for amounts prior to the initial petition.

Are condominium fees due after the judicial recovery petition considered administrative expenses (extraconcursal credits)?

Yes, all fees due that mature after the distribution date of the recovery petition are characterized as post-petition administrative expenses (créditos extraconcursais, under Lei nº 11.101/2005, art. 84). Maintaining condominium obligations during judicial recovery for periods post-dating the petition requires punctual and full payment by the debtor.

Because the company continues to use the commercial real estate to conduct its business activity, funding the condominium is considered an indispensable administrative expense. Non-payment of post-petition administrative amounts allows the condominium to pursue direct collection.

To know the exact legal status of the real estate occupied by the debtor, you may request a certificate from the competent Registro de Imóveis (Lei nº 10.406/2002 — Código Civil, art. 1º.245). Real estate transfers require a formal legal transaction drafted at a tabelionato de notas (notary notes office) via public deed Lei nº 10.406/2002 — Código Civil, art. 108.

Can the condominium attach (penhorar) the property in recovery to collect overdue fees?

For pre-petition claims (débitos concursais), direct individual property attachment (penhora) is prohibited. Collection is carried out exclusively through the execution of the plan approved by creditors.

For post-petition debts (débitos extraconcursais) due after the filing of the action, the condominium may proceed with judicial execution. However, any act of asset constriction over company property must be approved by the judicial recovery court. The Superior Tribunal de Justiça (STJ) establishes that only the judicial recovery court evaluates whether the attachment will jeopardize the company's operation.

Official Judiciary sources provide updated guidelines on this topic on the portal of the Superior Tribunal de Justiça and on the website of the Conselho Nacional de Justiça (CNJ - National Council of Justice).

Document checklist

To file a claim or prove the collection of condominium debts in judicial recovery, provide the following items:

  • [ ] Condominium Convention registered at the competent Registro de Imóveis;
  • [ ] Minutes of the general assembly electing and installing the active condominium manager (síndico);
  • [ ] Updated property title certificate (certidão de matrícula) from the Registro de Imóveis;
  • [ ] Analytical statement of the condominium debt broken down month by month;
  • [ ] Proof of the distribution date of the debtor's judicial recovery petition;
  • [ ] Extrajudicial notification sent or received indicating overdue periods.

In practice

Case 1: Collection of installments due prior to the petition

A retail chain entered judicial recovery in March. The condominium of a shopping mall attempted to attach the store for unpaid installments due between January and February. The court ruling applied STJ precedent, determining that the condominium claim for that period was pre-petition (concursal). The condominium debt in judicial recovery for those two months was included in the creditors' plan.

Case 2: Accumulation of post-petition installments

A company under recovery continued using its headquarters in a corporate building but failed to pay June and July condominium fees (due after the petition). The condominium executed the post-petition debt (crédito extraconcursal). The judge allowed the collection to proceed, requiring only that the asset constriction act be approved by the recovery court to safeguard operational cash flow.

Common errors

  • Believing that propter rem privilege overrides Lei nº 11.101/2005:

Correction: The propter rem nature binds the debt to the property, but does not override the rules submitting the claim to the recovery plan.

  • Mixing pre-petition fees with post-petition fees:

Correction: Strictly separate debts due up to the filing date of the action (concursais) from those due after that date (extraconcursais).

  • Attempting to attach assets directly in common civil court for pre-petition debts:

Correction: Pre-petition debts must be filed (habilitados) in the judicial recovery process and paid under the terms approved by the creditors.

  • Neglecting to verify the property title record at the Registro de Imóveis:

Correction: Request an updated certificate for the property to identify existing encumbrances, usufruct, or fiduciary transfers (alienação fiduciária).

  • Lei nº 11.101/2005, art. 49 — Claims existing on the petition date are subject to judicial recovery Planalto.
  • Lei nº 11.101/2005, art. 84 — Defines post-petition administrative claims (créditos extraconcursais) due during business reorganization.
  • Lei nº 10.406/2002 (Código Civil), art. 1º.245 — Governs the transfer of real property ownership before the real estate registrar Lei nº 10.406/2002 — Código Civil, art. 1º.245.
  • Lei nº 10.406/2002 (Código Civil), art. 108 — Requires a public deed drafted at a tabelionato de notas for real estate transactions above the statutory threshold Lei nº 10.406/2002 — Código Civil, art. 108.
  • Normative note: Specific guidelines for classifying condominium obligations in judicial recovery are based on established jurisprudence of the Second Section and Third Panel of the STJ.

Frequently asked questions

Are condominium fees included in the debtor's judicial recovery?

Yes. Condominium debts prior to the judicial recovery petition are subject to the effects of the recovery plan, as they stem from a triggering event prior to the distribution of the case.

Does the propter rem nature of condominium fees override judicial recovery rules?

No. According to the Superior Tribunal de Justiça (STJ), the propter rem obligation binds the debt to the property, but does not grant the condominium claim a privilege capable of overriding the Bankruptcy and Judicial Recovery Law.

Are condominium debts prior to the judicial recovery petition subject to the creditors' plan?

Yes. Condominium debts with a triggering event prior to the debtor's petition are classified as pre-petition claims (créditos concursais) and must be paid according to the plan approved by creditors.

Are condominium fees due after the judicial recovery petition considered administrative expenses (extraconcursal credits)?

Yes. Condominium fees due during the processing of judicial recovery are administrative expenses (créditos extraconcursais) and must be paid on time by the debtor, without submission to the recovery plan.

Can the condominium attach (penhorar) the property in recovery to collect overdue fees?

For pre-petition debts, individual attachment of the property outside the recovery court is prohibited. For post-petition debts, the STJ requires prior submission of the constriction act to the recovery court to protect assets essential to the company's business activities.

Content produced by CartorIA based on official normative sources and jurisprudence.

Territorial scope: National (Federal Rule of the Superior Tribunal de Justiça).

Date of last legal review: October 12, 2026.

Version: 1.0.

Notice: Informational content; does not replace legal advice for concrete cases.

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