Neighbors can hang AirBnb? In Lisbon, yes. In the Port not. – Cash

Two courts, two decisions. The problem? Understand if you rent the house to tourists is or is not considered commercial activity.

The Court of appeal of Porto considered that not. In an opinion of September, made public by the Observer, the institution found that providing an apartment for temporary accommodation is not enough to be considered the provision of services and not contrary to the purpose of housing.

Already, the Court of appeal of Lisbon sees the matter in another way. In a decision made public by the Public, it is assumed that the guesthouse is a commercial activity, and that, therefore, its practice must be approved unanimously at the owners meeting.

"The two situations are different," explains Tiago Mendonça de Castro of the law firm PLMJ, "in the case of Lisbon, there was a decision of the condominium against the use of the dwelling for rental to tourists by the problems that these have caused in the common parts. The owner filed an injunction to halt this decision and the Court of appeal held that the decision of the condo was well regulated. That is, there has not been a decision of the fund about whether the neighbors may or may not decide in relation to the accommodation location. There was an interim injunction which was not accepted". A situation that is distinct from that which occurred in the Port. "There has already been a neighbor that put an action in court to prevent an owner arrendasse the house to tourists. And there has already been a decision of the fund about the subject. The Court was against the action."

anyway, the crux of the issue is the same. The condo can only interfere with the decision of the owner if the accommodation is deemed to be commercial activity and each of the two courts has a different interpretation on the subject.

"No court of First Instance or the Relationship is bound to follow what others have decided. It is necessary that the matter go up to the Supreme and that the Supreme Court of Justice decides by a three times in the same direction so that it becomes case law."

The president of the National Association of Owners considers that there is a purpose of economic in the leasing of houses to the tourists. "The license should not be housing, but use of services, because services that it is," said Antonio Frias Marques, which it considers legitimate for the owners meeting has the power of decision on the subject.

the Parish of Santa Maria maior, in the capital, validates the decision of the Lisbon Court of appeal, whereas, in a press release, that the residents have the right to preserve the conditions of habitability and quiet in the building where they live and advising you all that are faced with similar situations to resort to the courts.

However, at least for now, to move on with the subject, for justice is not a guarantee of victory for any of the sides. "No court of First Instance or the Relationship is bound to follow what others have decided. It is necessary that the matter go up to the Supreme and that the Supreme Court of Justice decides by a three times in the same direction so that it becomes case law, or is, becomes a standard for other courts to follow," concluded Tiago Mendonça de Castro.