The civil liability of the condominium manager is a topic of great relevance in the field of condominium law. The condominium manager, legal representative of the condominium and an administrative reference in the management of the collective assets, has a series of duties and obligations indicated in an exemplifying list in article 1,348 of the Brazilian Civil Code.

Elected by means of an assembly and with a mandate up to two years – which can be renewed – the condominium manager may or may not be a unit owner a unit owner and concentrates the responsibility of maintaining the well-being and the unit of the condominium. In addition, they have prerogatives that legitimize them to enforce compliance with public and private rules to the unit owners.

It is also the responsibility of the condominium manager to supervise and manage the building, execute the decisions taken in the assembly, represent the community in the defense of its rights, in court or outside of it, preserve and value the property, in addition to observe and comply with the charges assigned by the condominium bylaws.

Thus, when the condominium manager does not perform his activities in accordance with legal precepts and the condominium bylaws, fails to perform them, or even when he acts in an abusive manner, especially with regard to the bad tenure of other people's assets, he may to be held responsible personally. This means that it must repair the losses and damages caused to the condominium community, both in the civil and criminal spheres.

In general, the civil liability of the condominium manager is subjective and requires proof of the act or omission that resulted in the unlawful act, the damage caused, the chain of causation and the fault or willful misconduct.

Regarding the statute of limitations for this liability, the Civil Code, in article 189 combined with article 206, paragraph 3, V, provides that the claim of the unit owners of civil redress for damages caused by the condominium manager is time-barred in three years. That period shall be counted from the timing on which the data subjects become aware of their rights being infringed.

The understanding of the Superior Court of Justice (STJ) and the doctrine current follows in the same direction: the statute of limitations begins at the exact timing in which the injured party becomes aware of the damage and the scope of its consequences.

The condominium manager's liability, therefore, does not end at the same time as his mandate. The former condominium manager may be liable civilly and personally for the unlawful acts he or she has provenly committed.

As seen, the civil and personal liability of the condominium manager is a subject of enormous sum that demands attention and care, both on the party part of the condominium manager (in the impeccable conduct that is expected of him) and of the unit owners (in the preservation and awareness of the scope of their rights).

Like both, legal practitioners must also be attentive to ensure the defense of the interests of those involved and, especially, to preserve order and harmony in the social microsystem.