Collegiate upheld the decision of the TJ-MG that had prevented the owner from making the property available without authorization from the condominium
The 2nd Section of the ruling decided that residential condominiums may require approval from at least two-thirds of condominium owners to allow the use of apartments for short-term stays, such as those offered on platforms such as Airbnb.
The decision was taken on Thursday (May 7, 2026), by 5 votes to 4, in the judgment of . The vote of the rapporteur, minister Nancy Andrighi, prevailed. The board upheld the decision of the TJ-MG (Court of Justice of Minas Gerais) that had prevented an owner from making the property available on a digital platform without authorization from the condominium.
According to the STJ, when the building is intended for residential use, the frequent use of properties for short stays may distort this purpose. For the majority, the change requires approval in the assembly, under the terms of .
The rapporteur stated that contracts intermediated by digital platforms are not, in themselves, common residential rentals or hotels. For the minister, the central point is how the property is used. The high turnover of guests can affect the security, tranquility and dynamics of the condominium.
As a result, the Court understood that an owner cannot, alone, change the residential purpose of the building for an economic exploitation similar to accommodation.
HOW THEY VOTED
- Nancy Andrighi: voted to require approval from two-thirds of condominium owners.
- João Otávio de Noronha: accompanied the rapporteur.
- Raul Araújo: accompanied the rapporteur.
- Isabel Gallotti: accompanied the rapporteur.
- Daniela Teixeira: accompanied the rapporteur.
- Antonio Carlos Ferreira: diverged.
- Humberto Martins: accompanied the divergence.
- Ricardo Villas Bôas Cueva: accompanied the divergence.
- Luis Carlos Gambogi: accompanied the divergence.
The ministers who disagreed argued that seasonal rentals do not automatically transform the property into a commercial activity, and that the restriction should be expressly provided for in the condominium agreement.
JURISPRUDENCE
According to the lawyer, a master in real estate and urban planning law, condominiums now have solid jurisprudence to notify offenders, apply fines and obtain judicial injunctive relief, which is a decision handed down by the Court to prevent illegal conduct from occurring, continuing or being repeated.
Dantas told the Poder360 that, in addition to the legal impacts of the STJ’s decision, the quorum produces economic and market effects: “The decision has the effect of restricting short-term rental activity, as it makes it difficult to meet the requirement for the release of this type of rental and implies greater difficulty for the owner and platforms such as Airbnb to do business”.
