Health inspector for a condo irregularity

07/15/23. Good morning, @SvenM.  More or less permanently deferred maintenance in buildings like yours is a fact of Brazilian life.  Since you're facing a health issue, find another apartment, fast.

After you move, if you feel an obligation to report your current building to the authorities then by all means do so, but understand the possible implications:

• You'll humiliate the Síndica and make an enemy of her and her claque - the owners who support her mismanagement  - whatever the outcome;
• There's at least an even chance that the inspector, if he ever shows up, will side with his fellow Brazilians against the troublemaking foreigner;
• If the situation is so dire that the inspector MUST act, the result will be a "Quota Extra", making enemies for you of all the unit owners;
• There may well be retaliation against the porteiro. At the very least, he may feel obliged to disassociate himself from your efforts.

Don't make enemies anywhere that you have to sleep.

The above assumes that you're a renter. If you're an owner, there's another, more complicated solution.  Get some estimates for what it would take to solve the problem, and present them at the next Assembly.  Tell your fellow owners that you're experiencing health problems, so the condominium needs to fix the restroom or unhappily, you'll need to bring a legal action to get it done if the association isn't willing to do it.  Leave the porteiro out of it:  if it's done right, he'll get the benefit, but not the blame.

@SvenM Alas my friend all l can say is “welcome to Brazil”.  Without knowing the right person to pay off, things like this can be almost impossible to resolve.

@SvenM One big challenge I can see for you, is to persuade other owners that your problem is also their shared problem. If the condo is going to have to raise funds to resolve this, and it sounds like they will, then all the other owners will have to make an extra payment - and they may not vote for that.

It does depend on if you are an owner or renter, but also the other owners - are they resident in the building or do they rent to the occupiers? You will normally find that owners who rent are less likely to contribute to solve a problem that they may see as not theirs...

07/15/23 @SvenM One big challenge I can see for you, is to persuade other owners that your problem is also their shared problem. If the condo is going to have to raise funds to resolve this, and it sounds like they will, then all the other owners will have to make an extra payment - and they may not vote for that.
It does depend on if you are an owner or renter, but also the other owners - are they resident in the building or do they rent to the occupiers? You will normally find that owners who rent are less likely to contribute to solve a problem that they may see as not theirs...
-@Peter Itamaraca

Great points.  One more thing:  if he's a renter, he should try to enlist his landlord as an advocate for this change.  The landlord has an interest -- not losing a tenant -- and can address the other owners as a equal.

Wowsers, I feel lucky. The condo complex and the buildings my apartments are located in are always spotless and super well maintained. The condo fees seem very low for all the work they do and include all of my gas too.

Thank you all for your input. Great points!

I did not consider I would be placing the porteiro in a vulnerable position. I do not want to do this to him.

Yes, I am an owner. We had just renovated the apt, feeling somewhat settled and then this happened.

I was trying to solve the situation in different ways, all at once, to see which one would stick.

I recently reached out to an engineer to look over the washroom structure. As well as a contractor to get quotes from an electrical, plumbing and repair company. The Sindica does not know I am doing this. I did ask the Sindica for an assembly meeting and her response was, 'I will let you know when there is one'. The building is small with 10 apartments where 3 apts. have tenants. The Sindica appears to have a group of 2 owners that only appear on the assembly minutes. The other owners are absent. After reading your responses, I feel it is going to be a tough battle ahead. My strategy is not to shame the Sindica (even though I believe she is not qualified for this position, in many ways). She did not seem the least bit concerned that mold was growing inside the apt. It is very clear, the state of the employee washroom, is the cause of this situation. I am now thinking to call a company to spray a mold treatment on the wall and present the bill to her. Perhaps, I want to observe if she will payout and/or announce an assembly meeting sooner than later. I am also thinking to ask the engineer if he could call the health dept. or enter this as an action note in his analysis report. Any thoughts or warnings about this strategy? Thank you again.

07/15/23 @SvenM.  Thanks for the clarifications.  As it happens, we've been dealing with a Síndica with similar issues, so I feel your pain!

The fact that you're an owner puts you in a much stronger position.  I like your ideas of getting an examination done, and getting repair quotes:  all facts are friendly, and that way, you'll have useful facts to lay before the Síndica and your fellow owners.  The idea of an action note in the engineer's report is also a good one.

The more that you can seem to be trying to help the Síndica rather than challenging her (if that's possible!) the greater the likelihood of success.  Check your condo documents for the process of an owner requesting a special Assembly, so that you have that knowledge, too.

Best of luck!

Condo associations are not liable for repairs inside private apartments, unless it can be proven that the problem was caused by, or emanated from, communal property.

It appears that your other owners are not keen on taking any action, so you will need to employ a qualified engineer to conduct a full study and conclude that the problem is coming from where you say. Then you will need 3 separate quotes for the work and submit this all to the condo meeting. If nothing is done, then you will need an attorney and take legal action.

I would suggest it may be much easier, quicker and cheaper to simply clean the affected area, apply a waterproofing product (there are many suitable for this) then decorate or tile.

Inspections on building over 20 years must be held every three years. 

Between 30 and 50 years, every two years. 

Over 50 years, yearly.

Most buildings halways have a notice board with all the inspections performed certificates, the inspection performed, the name of the inspector.

Third party Engineering firms are tasked to do the inspections and issue a report that is to be posted.

The ruling standards for building inspections is published under the following directive...

ABNT NBR 16747: 2020 - Inspeção Predial: Diretrizes, Conceitos, Terminologia e Procedimento.

Laws governing inspections...

Decree nº 37.426/13 and  Bill  nº 6.400/13

The link to access the bulding inspections portal

http://autovistoria.rio.gov.br/

you better march there with someone who speaks Portuguese.

Rua Afonso Cavalcanti, 455 - Cidade Nova - 20211-110

You can dial 1746

my educated guess, Rio's Public Servants couldn't care less. You are in for a long haul.

Go to the landlord and seek a relief of contract due to issues with the building and find yourself another place to live.

And by the way, you can only blame yourself for choosing to live in Rio. 

In Sao Paulo, even Historic Downtown areas get a better deal as far as building maintenance and upkeep. 

And if beach is your thing, you can always head out for Santa Catarina.

I like the way you spell things out clearly, i wish more people had that gift!!!

I like the way you spell things out clearly, i wish more people had that gift!!!
-@ClaudiaMonica

Not sure whether it is directed to me, but if so, then thanks.  I am flattered.  Folks who I deal told me I am curt.

As for blunt. 

Folks, there are good Sindicos (as), and bad Sindicos (as).

Seldom any Sindico has a paying position., a very few do, mostly on large apartment buildings.  You might notice, a lot of them are retirees. 

For unpaid positions, the sindico(a) , all too  often a unit's owner, takes up the duties, and gets relief on condo association dues for as long as his/her tenure is at the helm.   Once they are out of the position, they go back paying dues like every other owner within.  So that goes the perk.

Also, many buildings, not all but quite a lot, have the condo association run by a third party management firm. This is done to avoid labor liabilities,  such as the equivalent of workman's claims.  So a third party management company is a liability and cost shield. Most newer buildings have these contractual arrangements in place.    Older buildings, sometimes is nearly impossible, and the carryover with legacy payroll is a burden to carry.

The way to find out what company is under contract to run the building's condominium association  is to check your print notices, either posted at the elevators or at the l bulletin board posted by the lobby.

As a first course of action , Just write up to the company address and phone number, and get to them to see your issue to be corrected. 

And as for getting a third party engineer to rubber stamp your grievances,  it is a fair possibility, but a costly one too.  The engineer's fee  comes out of your pocket, and you might not get it reimbursed, even if you win the grievance.

if I was in your shoes, i would probably seek a relief to get the lease contract voided so that I could find a better deal elsewhere.  You want to be let go  from the building, on a deal, so that no derrogatories are posted against your name, no eviction notices show on your records.

As a former coleague of mine, a brother from the Nation of Islam ( yup, that one from the pressed suit and bow tie brothas,  and the Reverend Farrakhan )  once told me... "The squeaky  gear gets the grease". 

And this should become a warning for rent seekers.  Since most of you can't speak Portuguese fluently, then engage a chaperone or a trained broker to work with you on your search.

True, brokers are motivated by commissions and are often rush rush to keep it quiet and not uncover pitfalls. But it is that trained eye, with language conversational skills you will need when  you go about apartment hunting.   If you are going to hunt for birds , then  get yourself a good hunting dog, I daresay.

Me, when going with clients, I always look for dirt to unearth. Approaching unsuspecting tenants at the building's lobby or elevators to level with us on the dirt  was a common trick on the book. 

Another tell tale is grounds keeping. Well maintained buildings, no matter how old they are, tend to shine by its upkeep.  You can spot this on landscaping, common hallways, the amount of posted bulletins on common areas. So while with someone looking at places to rent, throttle yourself down a couple notches, be less emotional about the process, and start paying attention to details.

I believe SvenM told us he is an owner, so his options to get out of a rental contract or chase the owner  do not exist.

As for brokers, in my experience they will always do their best for their clients (buyers, sellers, landlords or renters), because while it is true they are commission based, they also want you to become a regular clients - and bring more commissions and recommendations in the future. At least that is what I have found from well-established ones.

Good morning!, Thank you all for your honest responses.  I really do appreciate them. The Sindica in the building is paid. I know the building is not being inspected yearly.  It was built in 1945. I took a look at the building inspection site referenced by @sprealestatebroker. Thank you for the link by the way. There are technical inspections listed that indicate repair is required but do not know if they have been fixed. I have asked the Sindica for reports and she does not respond to me.  I contacted the building administrator to assist me in setting up a meeting with the Sindica and she has not responded to them with a date.  It has been almost 1 month.  I will be hiring an engineer to inspect the area.  Is the engineer obligated to contact a government building inspector or another government body if he sees violations in the employee washroom?    Is this something I can ask him to detail on his report? Should I also be asking the Engineer to detail any accessibility act violations that might be part or around the employee washroom area.  I read somewhere that violations in the accessibility act (?) does not require assembly approval.

First off, 1945 would sound like a great piece of property, if weren't for the disrepair issues you outlined. 

Since it is a condo unit, you own, you are now stuck with paying for an engineer and an attorney. This will certainly end up in court.

There is an axiom in Real Estate, which states.... "The worse it gets, the better it becomes:"

What does it mean....

Maybe a lot of folks would love getting out from under and sell their units.

If you can't afford to buy out the entire building, get a bankroll.  I smell fire sales in the air.  Circa 1945 has a nice ring to it.

@SvenM If you are not prepared to take on the remedy yourself inside your own apartment - at least at the moment - then your first step may be to retain a bilingual attorney to advise you, before an engineer.

The condo is responsible for the communal area, and if the majority of owners do not want to carry out remedial work there, then there is nothing you can do, and the condo will bear the consequences of those actions - whatever they may be.

As you originally described an adverse health impact on yourself, I would just get the work done inside your place, and at least be healthy. Does not sound expensive, and quire common here. Go with the flow for the rest.

@SvenM

Hi @SvenM

Here in Brazil, they have Mussolini law….

handle it legal wise and taking whoever to court is not really an option. It takes too long.. no matter what the outcome is, you're going to lose.. money and time!

What I've experienced with my families experienced over the time we've been here; taking it to court is not really an option, because of the length of time, even if you win.

There are also many different factors when you take them to court you have to have figured out before you even do it , the damages and expenses, and time that you have to wait. In a good scenario it can take you up to six years.

Another option is just to fix it yourself and pay for the materials and ask whoever to enter the area and do the repairs yourself.(this is the best way. To give the material to whomever is not a good idea without your supervision. That is the Brazilian way here.

If you hire somebody to do the work, you're gonna have to stand over them to make sure it's done correctly; make sure they don't steal the material or change materials purchased. (If you know what I mean.) Another issue with this is that it's going to be very difficult to find a Worker who's qualified.

Basically, you have to make a choice to stay and deal with it and repair it, or Sell the place and move somewhere else which is what most Brazilians will say to do. If you decide to sell and leave, what's normal here is to repeat what they've done; cover up everything before putting it up for the sale. Most likely this is what they did when you bought the place.

If you can't afford to move, all you can do is fix it as best you can so you don't get sick.

Buying the whole building is not a real good idea. Unfortunately if you have these issues, imagine what kind of issues are out throughout the building but if you have the money and the time go for it.

J

Good morning!, Thank you all for your honest responses. I really do appreciate them. The Sindica in the building is paid. I know the building is not being inspected yearly. It was built in 1945. I took a look at the building inspection site referenced by @sprealestatebroker. Thank you for the link by the way. There are technical inspections listed that indicate repair is required but do not know if they have been fixed. I have asked the Sindica for reports and she does not respond to me. I contacted the building administrator to assist me in setting up a meeting with the Sindica and she has not responded to them with a date. It has been almost 1 month. I will be hiring an engineer to inspect the area. Is the engineer obligated to contact a government building inspector or another government body if he sees violations in the employee washroom?  Is this something I can ask him to detail on his report? Should I also be asking the Engineer to detail any accessibility act violations that might be part or around the employee washroom area. I read somewhere that violations in the accessibility act (?) does not require assembly approval.
-@SvenM

Violations on the accessibility act might be a good starting point to bring someone from City Hall to your corner.

Upgrades to accommodate handicapped individuals usually involve a ramp, or to purchase a staircase elevator. 

No building is exempt. You still have to make sure no filing was done to get this done, and a grace period has not been granted.   

See if you can read the statute on common grounds accessibility before you go about making any claim on that account.  This being a 1945 building, the requirements might not be stringent, however little they might be, if the condo has a bad rap sheet on repairs,  chances are  accessibility  is being overlooked too.

Now, paid or unpaid Sindico, here is the rub. Your condo monthly   statement  bill has some outlined items, a breakdown on expenses.  Usually there are line items for....

Payroll Expenses. That is your building super, doorman, in house staff.

"Fundo de Reserva", which is money set aside for repairs.  There should be a total amount in deposit, and the monthly contributions in it. 

"Expenses on utilities. If you have a shared water bill, the paid amount is outlined here.

"Rateio" is the amount that needs to be earmarked for major repairs and upgrades. Usually represented by a sizeable bump on your monthly condo dues.

Try to ascertain if finances are transparent. There are way too many misuse of funds out there.  Just make sure you make it a thorough analysis before you shout fire. 

Condo Associations have monthly meetings with unit's owners. Language being a handicap for you, then you ought to bring a chaperone or an attorney.   During these meetings, expenses are discussed, projects are put to a vote. 

Condo paying members can be quite stingy for extraordinary expenses.  If this is to cost them money on the "Rateio" and the issue does not affect them, expect the others to side with the Sindico, and against you. 

Bringing in an Engineer only can help you if your contracted service entitles you to get a written report, or "Laudo de Inspecao /Avaliacao" signed off by the Engineer ( with a CREA Certificate ID ).   The Laudo needs to be conclusive. Which, knowing Civil Engineers in Brazil, they all rather do a Template Copy and Paste. 

I went at bat against a neighboring Condo Association on a wall issue, and my co-defendant neighbor hired an Engineer.  Being myself an US trained  Mechanical Engineer, therefore  not licensed in Brazil,  my edited report still beat the "Legit Report" provided by the hired Engineer ( a template built report ) thanks  for my thoroughness and fact evidencing.  My pensmanship, photos, diagrams alone swayed the Judge to our side.  About 60 pages.  The Judge had no other choice to name an inspector to confirm what I had pointed out. We won the veridict.

Your predicament It is  damming . A Circa 1945 sound to me like an Art Deco building, this being Rio, and those those are not being built anymore, which in an ideal world would be a valuable piece of real estate. 

Many thanks for all the advice and guidance, it has really been invaluable. I am leaning towards a legal representative to help manouever through some of the moments I will certainly encounter. Appreciate everyone taking the time to respond. 

07/23/23 @SvenM.  Best of luck to you.  Please let us know how it goes.