Local accommodation. Prohibition by the condominium regulation?

Certain owner owns an apartment intended for housing that is affecting him to the local accommodation for tourists. By deliberation of the majority of the condomins of the building in which the rented apartment is located, a standard has been added to the Condominium Regulation prohibiting condominals from affecting their fractions. the “tourist/hotel/local accommodation utility”. … Read More

Posted by: Carlos Tome & filed under Condominium.


The right to use your house as local accommodation

The Portuguese Supreme Court of Justice (STJ) has ruled in a recent decision that homeowners of residential units may affect homes to “alojamento local”, even against the will of the condominium.   This is the first time that the Supreme Court of Justice has ruled on this matter.   After the Lisbon and Porto Courts … Read More

Posted by: Carlos Tome & filed under Condominium.


Local Accommodation – The new legal regime

Local accommodation has been taking on greater preponderance in the national tourist landscape, which is why it was necessary to regulate its operating activity in order for it to have personalised legal treatment with an autonomous diploma, even though it has been regulation in ordinance since 2008. Decree-Law 128/214 was drawn up precisely to close … Read More

Posted by: Carlos Tome & filed under Condominium.


What are the functions of a condominium administrator in Portugal?

In a condominium, the management of common parts of the building is the administrator´s and co-owners responsibility. There are a lot of functions to be carried out by the administrator of the condominium, like stated below: – convene the assembly´s meeting – calculate the annual budgets – collect fees and make payments – charge the … Read More

Posted by: Carlos Tome & filed under Condominium.


How to Create a Condominium?

Any co-owner can start the process of creating a condominium. For this purpose it is necessary to require from the Land Registry the title deed of the whole Horizontal Property. This document must describe: – which parts of the building correspond to the individual fractions – the relative value of each fraction in relation to … Read More

Posted by: Carlos Tome & filed under Condominium.


How to take action against invalid deliberations?

Whenever there are deliberations on an assembly´s meeting that go against the law or the previously approved regulamentations, any co-owner has the right to require their cancellation. A convening of an extraordinary assembly´s meeting can be required from the administrator within 10 days, counting from the date of the deliberation for the present co-owners, and … Read More

Posted by: Carlos Tome & filed under Condominium.


What Defines a Condominium?

A building is considered to be in a horizontal property regime (regime de propriedade horizontal), when it is divided into independent and isolated units/fraction (apartments) and has an exit to a common part of the building or public street. If the fractions belong to different owners, we are facing a condominium. The co-owner is the … Read More

Posted by: Carlos Tome & filed under Condominium.


Who Pays the Condominium Expenses?

The condominium fees are paid by the co-owners according to the proportion of the value of each fraction (percentage). Exceptions to this rule are: if the Constitutive Title specifies differently from above mentioned statement if the regulation forecasts different situations if there has been an approval from a majority of 2/3 for a change in … Read More

Posted by: Carlos Tome & filed under Condominium.


What do I need to know about Condominium Insurance?

Here are some basics about the building insurance policy in Portugal. What are the co-owners insurance responsibilities? Insurance of the individual and common parts against fire is mandatory. How much does it cost? The price of the condo insurance should be agreed on an assembly´s meeting. In case the co-owners are not having any insurance, … Read More

Posted by: Carlos Tome & filed under Condominium.