The boom of temporary rentals It generated disagreements among neighbors, administrators and apartment owners. The main criticism was generated due to the successive changes of tenants, annoying noises or even concern about unsafety which causes unknown people to enter the property daily.
Meanwhile, Congress seeks to approve regulations for temporary rentals “for tourist purposes”so that the contracts are less than 90 days, that the prices are contemplated in pesos and regulate the platforms.
In this context, a doubt arises in the consortia: Can an owner be internally prohibited from renting his apartment to tourism? The answer is simple, if the Horizontal Property Regulations does not explicitly say that the functional units are intended for family housing, the use may be restricted for temporary rental.
The consortium manager Marcelo Dominijianni stated to Ambit that temporary rentals are a “controversial issue”, since the old regulations do not specify anything about usufruct for tourist purposesalthough they do detail whether the functional units should be used for family housing or if they are for commercial use.
In that sense, the lawyer and president Association of Owners, Consortiums and Consortiums of Argentina (APCC) Eduardo Awadexplained that in the horizontal properties that have within the articles of their regulations that the functional units are intended for housing or family housing, “commercial activity is prohibited”, therefore “temporary rentals cannot be made.”
In addition, properties that are used for tourism in the City of Buenos Aires have to register in the Registry of Temporary Tourist Rental Properties.
If the imposition of a regulation is not complied with, what can happen?
If a landlord who is restricted from renting a functional unit on a commercial basis and does so anyway, “the co-owners can initiate an eviction action without the owner intervening, by which the owner is notified and, if he does not stop committing the violation, legal action can be initiated against him and a judge imposes a fine until he leaves the property”, accurate Awad.
Along these lines, the lawyer highlighted that, despite the fact that Law 13,512 of the Civil and Commercial Code of the Nationwhich established in its Article 2047 that “it is prohibited for owners and occupants to a) allocate the functional units to uses contrary to morality or for purposes other than those provided for in the horizontal property regulations; b) disturb the tranquility of others in in any way that exceeds normal tolerance and c) carry out activities that compromise the security of the property”, yes There are guidelines within the Code that require that the destinations assigned to the different parts of the building must be respected.
Therefore, if the functional units are intended for housing, they cannot be rented by Airbnb because that implies commercial use.
Can the regulations be reformed so that apartments can be rented to tourists?
It is necessary that the owners take into account that to modify the regulations of a building, the positive vote of a minimum of two thirds of the total of its owners is required and the modification must be registered in the Real Estate Registry.
Currently, in old condominium properties, the possibility of renting them to tourism is not contemplated, but Dominijianni He highlighted that in new buildings this possibility can be included in the drafting of the regulations.
In conclusion, as long as the owner complies with the provisions of the Horizontal Property Regulationsyou can dispose of your functional unit as you prefer.
Source: Ambito
