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Alfredo Lopes celebrates the STJ's decision on reservations via digital platforms

Last Tuesday (20/04), the 4th Panel of the Superior Court of Justice (STJ) decided, by majority vote, that property owners are prevented from offering rentals through digital platforms, such as Airbnb, if The condominium agreement provides for the residential purpose of the units. The understanding is that the activity is characterized as an atypical accommodation contract, as it does not have specific regulations such as the accommodation offered by hotel enterprises.

For Alfredo Lopes, president of HotéisRIO and director of the Association of Companies in the Real Estate Market (Ademi), the decision is very correct: “This was already a request from several property managers and condominium owners throughout Brazil, with the support of the hotel sector, since the start of operation of these hosting platforms. A fundamental point of this debate is the tax issue. This operation is configured as a true hotel street vendor, as there is no tax equality, in addition to not collecting taxes for the City Hall.”

In his experience in the real estate sector, Alfredo Lopes, who is also director of Protel Administradora, a company part of the Santa Isabel Group that operates in the Hotel, Shopping Malls and Real Estate Market sectors, highlights another critical point in the rental modality through digital platforms, security .

“Safety and compliance with internal regulations go down the drain when the owner decides to rent on a high turnover basis and whoever occupies the property has no idea of the rules, often causing inconvenience to the condominium owners. Condominiums have become true clubs, including saunas, swimming pools, courts and other social areas, which makes this modality even more inconvenient for condominium owners, forced to interact with strangers, even representing a safety risk. At a particularly delicate time such as the pandemic, the difficulty for property managers is even greater in enforcing the protocols for using social areas and elevators with people who are unaware of the convention.”

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