Airbnb in condominiums: court ruling reignites debate on social function of property and new rules 

Last month, the Justice of Goiania prohibited a resident to rent his apartment through Airbnb in a residential condominium. The decision again brought up the discussion about the social function of property and the limits of individual right in the face of collective interest. The magistrate considered that the practice configured commercial lodging, prohibited by the condominium convention, the main document governing life in a condominium, and determined the immediate suspension of leases, reinforcing the role of this instrument as a regulator of coexistence. The debate gains relevance in view of the expansion of Airbnb in Brazil: in 2024, the platform registered guests in 2,500 cities, corresponding to almost 41 of the company. 

The judge's understanding indicates that the condominium convention has a central role in community life, functioning as a kind of internal“ institution when establishing rules of coexistence among residents. Although it cannot overlap with the law, this document has the normative force to discipline practices that impact the community, including commercial activities or lodging that may compromise safety, quietness and health. The Civil Code, in its article 1.336, already imposes clear limits on the use of property, guaranteeing the condomino freedom over its unit, provided that it does not cause harm to others. 

According to Rafael Verdant, partner of the Civil Litigation of Albuquerque Melo Advogados, the decision reinforces precisely this balance between individual and collective rights. “A convention is the most important instrument for condominium owners to self-govern. It disciplines the use of common areas and protects the community from practices that can generate insecurity, excessive noise or wear in living. It is in this sense that the collective interest often overlaps with the individual”, he says. 

The expert recalls that the right to property is not absolute.“The Civil Code establishes that each condominium owner can use his unit freely, provided that it does not harm the others. That is, living in a condominium imposes a natural condition: the collective interest tends to prevail over the individual in case of conflict”, adds Verdant. For him, this is the central point of the decision of Goiania, which reinforces the prevalence of the community over the economic exploitation of the property in certain contexts. 

In addition to the legal interpretation, the discussion involves practical aspects of the daily life of the condominium. Among the main risks pointed out by residents in relation to short-term rentals are the frequent entry of unknown people, the possibility of parties and noise, the accelerated wear of common areas and the breakdown of the sense of community. These factors help explain why, in many cases, the collective seeks to impose limits on the individual economic exploitation of the property. 

The debate goes beyond the limits of each building. Bill in progress in Congress, such as PL 2030/2025 and PLP 78/2025, discuss whether this type of rental should be treated as rent or as lodging, with proposals that require express authorization of condominiums and rules closer to those applied to hotels and inns. For Verdant, a balanced regulation is necessary. “It is not about prohibiting indiscriminately. It is necessary to recognize that this modality is an economic and social reality, but it needs clear parameters. The solution involves internal rules that require, for example, registration of the prior registration and frequency limitation of the guests.” 

The platform itself provides resources to protect hosts, guests and communities, including identity verification policies, damage insurance and reporting channels for inappropriate behavior. International experience shows that regulation is essential: in Spain, the government has recently intensified enforcement and applied restrictions on short-term rentals amid the housing crisis, highlighting how public policies can balance the economic use of real estate with the preservation of the right to housing and collective security. This perspective reinforces the need for clear rules adapted to the local reality, ensuring that condominiums can protect the community without ignoring the economic viability of Airbnb. 

The lawyer concludes that the great challenge is to harmonize rights. “An efficient regulation should guarantee the right to property and economic exploitation of the property, but also preserve the collective interest, allowing condominiums to deliberate on restrictions and conditions.There is no single model: what works in a family-profile building may not be applicable to a condominium with a more tourist or commercial profile”, he says.