Similar as with the autarchies, condominiums also see their powers expanded. In this sense, the operation of new hostel-type units becomes dependent on their prior authorization. It’s determined that “There can be no place for the installation and operation of hostels in horizontal properties where coexist housing residents, without authorization for this purpose”.

HOSTELS DEPEND ON PRIOR AUTHORIZATION

Similar as with the autarchies, condominiums also see their powers expanded. In this sense, the operation of new hostel-type units becomes dependent on their prior authorization. It’s determined that “There can be no place for the installation and operation of hostels in horizontal properties where coexist housing residents, without authorization for this purpose”.

In addition, the owner must provide his telephone contact to the condominium, and shall it be necessary to renew the common parts of the condominium for the licensing of the LA, it is the exploitation holder to bear this cost.

 

COMPLAINT MAY LEAD TO CLOSURE OF ESTABLISHMENT

Still in regard to the extension of the powers of condominiums, the possibility of closing a local housing establishment was also approved, as long as they file a complaint with the municipal council.

 

“In the event that the local accommodation activity is exercised in an autonomous fraction of a building or part of an urban building susceptible to independent use, the assembly of condominium owners, by decision of more than half of the building’s owners share in ‰ (permilagem), in a reasoned decision, arising from repeated practice and proven to act, disturbing the normal use of the building, causing discomfort and affecting the rest of the condominium owners, may oppose the exercise of the local accommodation activity of said fraction, giving, for this purpose, knowledge of its decision to the president of the territorially competent municipal council,” reads in the approved proposal.

 

The autarchy will then decide upon the cancellation of the AL and, if granted, there can be no on-site registration for a period of six months, regardless of the exploitation holder.

 

The question is how to define matters such as “discomfort” and how the acts in question are proven. In the report where PS explained the proposal to amend the law presented in July, it was explained that the proof would be the presentation of administrative offenses, but without any associated number. And that the municipalities would take their decision after “the parties have been heard and the evidence of repeated practices that introduce disturbances in the condominium have been analysed”.

 

The mayor of Lisbon, Fernando Medina, immediately raised doubts about this matter, stating that the solution found was not very satisfying. “The municipal council will have to have a very clear regulation not to create a source of litigation there, because if I close local accommodation baseless, I have, most likely, an action in court,” the mayor said in July.

 

For now, this part of the law, as it exists, is also being criticized by representatives of condominiums. Paulo Antunes, CEO of Loja do Condomínio, has stated that “the factors that may justify the decision of the condominium are highly subjective and can lead to completely arbitrary decisions, which will result in increased conflict between neighbours and litigation that in many cases will probably reach the courts. ”

 

The president of the Portuguese Association of Management and Administration Companies of Condominiums (APECAG), Fernando Cruz, notes that it is not known how it will be “the judgment of the situations on the part of the local authorities”, because “it is not known what is a substantiated complaint”. “How many times must the authorities be called in order to be founded?” he asks.

 

CONTRIBUTIONS TO THE CONDOMINIUM

In addition, condominiums will be able to set the payment of an additional contribution by owners of local accommodation units “corresponding to the expenses arising from the increased use of common parts, with a limit of 30% of the respective annual value of the respective quote.”

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