05/06/2026
In a recent judgment, the Second Panel of the Superior Court of Justice (“STJ”) held by majority vote that the use of residential properties for short-term stays arranged through digital platforms such as Airbnb requires prior approval from the condominium association.
In the case at hand (REsp No. 2.121.055/MG), the owner of a residential unit sought recognition of her right to offer her apartment through a digital accommodation platform without the need for approval at a condominium meeting. Conversely, the condominium association argued that such use was not contemplated by the condominium bylaws and that the activity would be inconsistent with the residential purpose of the development.
In analyzing the dispute, Justice Nancy Andrighi noted that short-term stays arranged through digital platforms do not fall within the traditional categories of either lease agreements or hotel accommodation services and may therefore be classified as atypical agreements.
The Justice further observed that the growing use of such platforms has intensified the circulation of individuals within residential condominiums, giving rise to concerns relating to security, access control, and the peaceful enjoyment of the premises by residents.
In this context, Justice Andrighi emphasized that Article 1,336, IV, of the Brazilian Civil Code imposes upon condominium owners the obligation to use their units in accordance with the purpose assigned to the building. Accordingly, in residential condominiums, individual units must, as a general rule, preserve the same residential character.
In addition, Article 1,351 of the Civil Code requires the approval of two-thirds of the condominium owners for any change in the designated purpose of the building or of individual units. Therefore, in the absence of a resolution approved by the condominium assembly, the use of a unit for activities that alter or undermine its originally intended residential purpose cannot be authorized.
Based on these grounds, the Second Panel dismissed the property owner’s Special Appeal and upheld the decision rendered by the Court of Appeals of the State of Minas Gerais, which had denied the request to offer the property through a digital platform without prior condominium approval.
Our Dispute Resolution team is fully available to clarify any questions regarding the subject
Authored by: Olivia Rodrigues Parisi
