The Second Section of the Superior Court of Justice ruled that the use of units located in residential condominiums for short-term rentals through platforms such as Airbnb depends on prior approval at a condominium meeting, with a qualified quorum of at least two-thirds of the unit owners.
The understanding is based on the assessment that the repeated and professional exploitation of this type of activity may alter the residential purpose of the property. According to the STJ, the high turnover of people, the absence of a stable connection with the condominium, and the potential impacts on security, peace, and internal organization justify the need for collective deliberation.
Another relevant point in the decision is the legal classification of this contractual model. The Court emphasized that stays intermediated by digital platforms do not fit perfectly either as traditional residential leases or as hotel accommodation, constituting an atypical contractual model. This interpretation is likely to influence future discussions involving condominium bylaws, economic exploitation of real estate assets, and the limits of property rights in collective living environments.
For property owners and real estate investors, the decision brings relevant impacts. Properties acquired or used with a focus on short-term rentals now require more careful legal analysis, especially regarding the rules set forth in the condominium bylaws and decisions taken at condominium meetings. The absence of authorization may compromise the economic viability of the asset and generate conflicts with the condominium.
Companies, family offices, real estate developers, asset managers, and investors that structure real estate income strategies should consider conducting prior due diligence on assets intended for short-term rentals. This analysis should cover the intended use of the development, the condominium bylaws, meeting minutes, history of internal conflicts, and any restrictions already approved by the unit owners.
Active participation in condominium meetings, review of contracts and commercial materials, assessment of alternative uses, such as traditional leasing, and structuring of models compatible with the condominium’s internal rules are also recommended. In ongoing operations, it may be necessary to review the economic exploitation strategy in order to mitigate legal, financial, and reputational risks.
The decision reinforces the importance of legal governance in the management of real estate assets. In a market increasingly influenced by digital platforms, legal certainty depends not only on ownership of the property, but also on the compatibility between the intended use model, the purpose of the condominium, and the collective deliberation of the unit owners.
