The recent decision rendered by the 3rd Panel of the STJ, in the judgment of Special Appeal No. 1.884.483/PR, analyzed the demand brought by the owner of a unit in a condominium of houses, seeking the annulment of the condominium meeting's resolution, which prohibited the rental of units for seasonal periods of less than 90 days, either through applications (such as Airbnb), or through physically signed contracts.
Despite what has been reported, what was under trial was not the possibility or not of renting a condominium unit through the Airbnb platform, but rather the possibility of a condominium assembly deliberating on the prohibition of seasonal rental of condominium units.
Justice Ricardo Villas Bôas Cuevas, rapporteur of the Special Appeal, in his vote, stated that the short-term lease of residential real estate is characterized by transitoriness and occasionality, not compatible with the exclusively residential purpose of the condominium in question. The Reporting Justice pointed out in his vote that he considers that the security of the condominiums becomes vulnerable and exposed, as of the moment the various seasonal leases of its units are authorized.
Finally, with regard to the merit of the judicial demand - possibility of prohibition in a condominium assembly - the Reporting Justice understood that the Condominium Assembly is competent to decide on the coexistence rules of the condominium itself, so that, once the legal quorum is respected (in this case of a qualified majority of the condominium owners), it would not be the Judiciary's place to intervene in the deliberation.
Thus, we understand that the outcome of this judgment is a direct result of the specific circumstances of this case and does not necessarily make it unviable for rental platforms such as Airbnb to conduct business in condominiums.
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