The lawyer illustrates the proposed reform of the civil code currently being developed on this issue
Summary
The proposed reform of the Civil Code could allow condominiums to veto rentals through platforms such as Airbnb, requiring explicit authorization in conferences or meetings, generating an impact on the short-term rental market.
According to AirDNA, the leading global source of intelligence on short-term rentals, 518,000 accommodations were advertised across Brazil in 2024 on platforms such as Airbnb and Booking. The lower cost compared to traditional hotel accommodation, the ease of renting for the tenant and the financial return for the owner have given impetus to this business and, currently, several property launches aim to this end, generating income for investors who buy to make short-term rentals.
However, this segment now has a situation to resolve. In 2021, a decision by the Superior Court of Justice (STJ) ruled that residential condominiums can prevent the use of rental properties by rental platforms.
“The STJ decision provides guidance for this type of occupation, which is recent. Historically, the agreements and internal regulations of condominiums contained nothing on the matter,” explains lawyer João Victor Duarte Salgado, who is part of the firm Celso Cândido de Souza Advogados.
Another debate related to the issue is in the federal Senate, as part of the proposed reform of the civil code. If approved, condominiums will be able to veto the rental of properties through digital hosting platforms. For this type of rent to be permitted, it must be expressed in the condominium contract or approved at the meeting. In contracts that do not provide for authorization it will be assumed that short-term rentals cannot take place.
“The problem with this seasonal rental is that, first of all, the tenants of these platforms are not aware of the condominium agreement or the internal regulations and often there is a failure to respect these rules and the lives of those who continuously reside there are harmed. Then there is the problem of security, one comes and goes, a volume of people who pass through the condominium and creates a certain insecurity, because every day a different person and you don’t know who is there”, the lawyer underlines.
Investment
Those who purchase properties to generate income from seasonal rentals will have to pay more attention to this issue. “The first point you need to be aware of is what rule the property you are acquiring follows to make this investment. If there is an internal regulation that states that the allocation is not allowed, you can submit a request to change this rule, but this will take effort, time and perhaps the investment will not bring any return,” emphasizes João Victor.
Those who purchase off-plan will have to check with the construction company whether this provision will be included in the project under construction, since they are the ones who prepare the draft of the first agreement and internal regulations of the new condominium. After confirmation, the investor owner must be more present at condominium meetings and defend what he believes is correct.
“What we usually see is a big absence in this type of meeting, because it ends up becoming a boring and time-consuming meeting. However, when decisions are made there and start to be applied, people say they don’t agree, but if you weren’t participating, voting, there’s no point in complaining then, it’s still valid, regardless of whether you were present or not,” the expert emphasizes.
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Source: Terra

Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.