Como permitir animais no condomínio, sem atritos
Os animais domésticos estão cada vez mais presentes na família brasileira. Prova disso é que o nosso país é o quarto, no mundo, em número de pets: conta com mais 132 milhões!
Os números são do IBGE, de 2013. A mesma pesquisa mostra que o Brasil é o segundo país com mais cães, gatos e aves ornamentais do mundo.
Como se pode ver, lutar contra os pets em condomínios é uma batalha perdida. Isso porque juízes de diversas instâncias (veja jurisprudências aqui) já permitiram animais em condomínios, desde que os mesmos não atrapalhem a saúde, sossego e a segurança de seus vizinhos.
“Hoje em dia, consideramos ‘letra morta’ as disposições em convenção condominial que proíbam animais em condomínios. As pessoas tem direito a um bicho de estimação, sim. Mas deve haver regras claras para todos”, explica Marcio Rachkorsky, advogado especialista em condomínios.
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Regramento
O fundamental é que haja regras claras para todos seguirem. O condomínio deve explicitar no regulamento interno ou convenção exatamente o que é permitido em suas áreas comuns.
“Deve explicitar no documento situações como: as áreas onde os animais podem circular, se só do elevador para a portaria ou não, se podem usar o elevador social, se devem usar guia e coleira ou não. O que acontece se o animal fizer necessidades nas áreas comuns, como deve ser tratado o assunto barulho, enfim, o mais abrangente possível”, exemplifica Vania Dal Maso, diretora da administradora ItaBR.
Importante salientar que o regulamento não pode, ao contrário do que se pensa, pedir que os moradores transitem com seus pets no colo, explica Rodrigo Karpat, advogado especialista em condomínios e consultor do SíndicoNet.
“Esse tipo de pedido é considerado ilegal, uma vez que impossibilita aos moradores terem cães de grande porte. Pode ser caracterizado como um ato abusivo ou constrangimento ilegal”, aponta o advogado.
O condomínio também não pode restringir determinadas raças e nem o porte dos animais.
“O importante mesmo é que os animais não interfiram no bem-estar da comunidade”, assinala Rodrigo.
Veja abaixo um exemplo de cláusula sobre animais disponível no nosso modelo de regulamento interno:
5 – Os animais existentes no condomínio serão tolerados, desde que não perturbem os demais moradores, sejam vacinados, não sujem áreas comuns e que permaneçam sob estrita vigilância.
5.1 – É proibida a permanência de animais nas áreas comuns.
5.2 – Os animais devem circular até o portão sempre com guia e coleira
5.3 – O barulho incessante de animais em unidade condominial poderá ensejar em notificação e posterior multa
5.4 – Os animais, mesmo dentro das unidades condominiais, não devem exalar odor que incomode os demais moradores
Principais reclamações
Os problemas mais recorrentes em condomínios envolvendo animais são referentes a barulho, utilização das áreas comuns e segurança, quando os pets são de grande porte ou raças consideradas agressivas. Há também reclamações referentes ao mau cheiro.
Aplicação de advertências e multas
Dos moradores que transitam com seus animais em áreas proibidas aos que, seguidamente, deixam seus animais latindo o dia todo sozinhos na unidade, o ideal é que quem se sinta incomodado pelas infrações ao regulamento interno faça um registro no livro de ocorrências ou site do condomínio.
“É com esses dados que o síndico consegue se balizar para ir conversar com o dono do animal, depois mandar uma notificação formal, e então, multar da maneira que o regulamento interno mandar”, explica José Roberto Iampolsky, da administradora Paris.
Mesmo sem esses registros, o síndico pode (e deve) multar nos ditames do regulamento interno quando algo sair do que foi combinado previamente, como passeios em locais proibidos para animais ou dejetos nas áreas comuns.
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Casos extremos Para lidar com os latidos excessivos, a dica de Vania dal Maso é, esgotadas as etapas de conversa e multa, fazer uma denúncia em ONGS de proteção aos animais.
“Entendo que o animal que passa o dia todo sozinho e latindo não está feliz. É uma maneira até do morador de conscientizar de que seu bichinho precisa de mais atenção e cuidados”, assinala.
Focinheiras Dependendo da região, algumas raças consideradas mais agressivas são obrigadas a usar enforcador e focinheira. No estado de São Paulo, por exemplo, a Lei estadual nº 11.531, é aplicada às raças Mastim Napolitano, Pit Bull, Rottweiler e American Staffordshire Terrie.
“Caso o dono do animal não siga a lei, além das medidas do condomínio, se alguém se sentir incomodado pode inclusive chamar a polícia e registrar um boletim de ocorrência”, ressalta Vania.
Principais erros do síndico
Um problema que muitos síndicos enfrentam é a falta de conhecimento da legislação, como nos pontos referentes à proibição de animais no condomínio, ou a obrigação de carregar o pet dentro do condomínio.
O síndico também erra quando deixa o bom senso de lado e intervem quando há apenas reclamação de um morador.
“Se apenas um estiver reclamando de barulho, por exemplo, o ideal é não intervir. O síndico deve estar sempre a serviço dos interesses da coletividade e não de um morador especificamente”, argumenta Rodrigo Karpat.
Ao receber a reclamação de um morador, o gestor pode, por exemplo, pedir que a situação seja relatada no livro de ocorrências, para que assim, esteja municiado de mais argumentos ao abordar o dono no pet em questão.
Outro problema comum envolvendo animais é quando a regra não é a mesma para todos – permitindo, por exemplo, que os animais de pequeno porte circulem sem coleira e guia, e obrigando os cães maiores a usarem os equipamentos.
Melhorando a convivência
Há diversas formas de melhorar o relacionamento entre aqueles que têm animais e os que não tem no condomínio.
Em condomínios onde haja área, pode-se fazer um local específico para os cães passearem, o chamado play dogs. Muitos condomínios novos, com mais áreas comuns, já contam com esse espaço ao serem entregues.
Outra boa opção para aliviar o estresse dos bichinhos é contratar passeadores de cães. O síndico pode pedir a indicação de profissionais que já atuem no condomínio e deixar o contato no quadro de avisos.
“Há também iniciativas como deixar uma lixeirinha logo ao lado do portão de entrada dos animais, para que os donos deixem ali possíveis dejetos dos animais. Para os empreendimentos onde há áreas específicas para eles, itens como saquinhos para recolher dejetos também são interessantes”, sugere Rodrigo Karpat.
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