Statutes
1. Are statutes governing a condominium subject to registration or not?
The existence of a regulation or statue of the condominium is mentioned at its inscription in the land registry sheet of the building, if it is mentioned in the incorporation of the condominium deed (subparagraph q) paragraph 1 Article 95 of the LRC).
2. Which statute clauses would you emphasise or consider more relevant?
The Portuguese land registry does not shows the clauses of the statute or regulation, only mentions its existence and publicizes the special rights of the owners regulated in the deed.
3. In your LR system, if there was a statute clause or provision contrary to Law, should Land Registrars refuse registration thereof? If yes, provide an example. If not, explain briefly the reasons.
In Portuguese LR the registrar must check the legality of the documents according to the law and to the previous registries (Article 67 of LRC). If there was a statute clause or provision contrary to Law the Land Registrars should refuse registration .
For example, the inscription shall be refused if it is not specified in the deed the parts of the building corresponding to the units, so that they are properly individualized, or if the deed do not set the relative value (share) of each unit compared to the total value of the building (Article 1418 of the Code civil).
4. Formal publicity of statutes: What is the procedure to get LR information about statutes? How do interested parties look at the statute?
The land registry sheet of the building does not shows the clauses of the statute or regulation, only mentions its existence and publicizes the special rights of the owners regulated in the deed (subparagraph q) paragraph 1 Article 95 of the LRC).
Every document that leads to a land registry inscription is digitally achieved in the LR database (Article 26 of the LRC). If the statute is presented to LR, anyone, without need of proof of any specific interest, can request a certificate of this document at the LR office (Article 2 paragraph 3 Order n. º 426/2010, 29 de june).
5. Particularly: if interested parties asked for LR information about an apartment, would information about condominium statutes also provided?
If interested parties ask for LR information about an apartment, the information about condominium statutes can also provided, when specifically requested.
