A certain owner owns an apartment for habitation that is allocating it to local accommodation for tourists. By decision of the majority of the owners of the building in which the aforementioned apartment is located, a rule has been added to the Condominium Regulation prohibiting the owners from allocating their fractions to the “tourist/hotel/local accommodation … Read More
Condominium
Living in a condominium is certainly different from having your own house. In this situation, there are other responsibilities to be considered. Find out how it works and what you have to keep in mind, when living in a condominium in Portugal.
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
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
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
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
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
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
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
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