Takeaway: The Second Section of Brazil’s Superior Court of Justice (STJ) ruled that short-term rentals in residential condominiums through platforms like Airbnb require prior approval by a two-thirds majority of the owners. The Court found that professional and recurring economic exploitation of such rentals can alter the strictly residential purpose of the units, affecting the security and peace of the residents.
The ruling (REsp 2,121,055) aimed to unify the understanding between the STJ's panels regarding the legality of condominium restrictions on short-term rentals. The majority followed the reporting justice, Minister Nancy Andrighi, who argued that high guest turnover and professional organization of this service constitute an atypical form of economic exploitation.
The decision was based on Article 1,351 of the Civil Code, which requires a two-thirds quorum to change the destination of a building or a real estate unit. According to the majority, if the condominium convention is silent or prohibits the practice, the owner cannot engage in it without obtaining qualified approval from the general assembly, as it would violate the residential character of the development.
However, the STJ clarified that the mere sporadic offering of the property does not necessarily change its residential nature. The requirement for a qualified quorum applies specifically to cases of repeated and professionalized economic exploitation.
The judgment has not yet been made available. We will update this content as soon as it becomes available.
The MAC Advogados team closely monitors superior court decisions and advises condominiums and owners on structuring internal rules and resolving corporate and real estate disputes.