on Google
Living in a condominium means sharing a building under common rules. Every owner has rights the law protects and duties that keep the building maintained and life between neighbours working. This guide to the rights and duties of condominium owners brings together, in one place, the essentials of the Portuguese Civil Code and Decree-Law 268/94, with the changes made by Law 8/2022 that still shape everyday condominium life in 2026.
In short
- Each owner is the sole owner of their unit and a co-owner of the common parts; the two rights cannot be separated.
- Common costs are paid in proportion to permillage, unless the regulations approve other rules (article 1424 of the Civil Code).
- There are three fixed financial obligations: service charges, the common reserve fund (at least 10% of the charge) and fire insurance.
- It is forbidden to harm the building’s safety or appearance, or to use the unit for a purpose other than the one intended.
- Every owner has the right to vote, to see the minutes and accounts and to challenge unlawful decisions.
The starting point: unit and common parts
The Civil Code defines each owner’s position: they are the sole owner of their unit and a co-owner of the building’s common parts, and they cannot give up the common parts to avoid paying for their upkeep (article 1420). The common parts include, among others, the land, the foundations, the main walls, the roof, the stairs, shared corridors and the general water, electricity and gas installations (article 1421). Both rights and duties follow from this.
Owners' rights
- Use and dispose of the unit: live in it, let it, sell it or carry out interior works, within the legal limits.
- Use the common parts for their intended purpose.
- Take part in the general meeting: receive notice at least 10 days in advance and vote with a weight equal to their permillage, in person, online or by proxy (articles 1431 and 1432). See online meetings in condominiums.
- Call a meeting, together with other owners representing 25% of the building’s value.
- Information: see the minutes, receive the annual accounts and be told about court cases involving the condominium.
- Challenge: contest decisions that breach the law or the regulations (article 1433) and appeal against the administrator’s acts.
Owners' duties
Pay the common costs
This is the most important duty and the main source of disputes:
«1 – Salvo disposição em contrário, as despesas necessárias à conservação e fruição das partes comuns do edifício e relativas ao pagamento de serviços de interesse comum são da responsabilidade dos condóminos proprietários das frações no momento das respetivas deliberações, sendo por estes pagas em proporção do valor das suas frações.» — Civil Code, article 1424(1)
In plain English: unless agreed otherwise, the costs of maintaining and using the common parts and of shared services are paid by whoever owns the units when the decision is taken, in proportion to the value of their units.
There are exceptions: costs of common parts that serve only some owners are paid by those who use them, and only the units a lift can serve share in its costs. See how the monthly condominium fee is calculated and what to do about debts to the condominium.
Contribute to the common reserve fund
Every condominium must have a common reserve fund for maintenance works, to which each owner contributes at least 10% of their share of the other expenses (article 4 of Decree-Law 268/94). See our guide to the reserve fund.
Have fire insurance
Fire insurance is compulsory for both the units and the common parts. If the owners do not take it out by the deadline and for the amount set by the meeting, the administrator must do so and then recover the premium (article 1429). See 4 reasons to take out collective condominium insurance.
Respect the limits on using the unit
It is specifically forbidden to harm the building’s safety, architectural line or appearance, to use the unit for a purpose other than the one intended, or to do anything prohibited by the constituting deed or by a decision approved without opposition (article 1422(2)). Works that change the façade need the meeting’s authorisation by two-thirds of the building’s value.
Comply with the regulations and decisions
Decisions recorded in the minutes bind all owners and also anyone who rents or uses the units (article 1 of Decree-Law 268/94). See our guide to condominium regulations.
| Right | Matching duty |
|---|---|
| Use the unit | Do not harm the building’s safety or appearance |
| Use the common parts | Pay for their upkeep in proportion to permillage |
| Vote at the meeting | Comply with the decisions approved |
| A safe building | Keep fire insurance in place |
| Maintenance works | Contribute to the common reserve fund |
| Challenge decisions | Respect the deadlines in article 1433 |
Selling a unit: a right with rules
A seller must ask the administrator for a statement of charges and debts, which must be issued within 10 days and is a compulsory document at the deed (article 1424-A). Liability for debts depends on when they should have been paid, unless the buyer states at the deed that they waive the statement and accept the seller’s debts to the condominium. See documents needed to sell your house.
What if the unit is rented out?
The tenant uses the unit and the common parts and must respect the regulations and the decisions recorded in the minutes. Towards the condominium, however, the owner is always the one liable for the service charges, the reserve fund and the insurance. The tenancy agreement may provide for the tenant to bear some costs, but that is an arrangement between landlord and tenant and does not change the owner’s obligation. The owner is also the one who receives notice of meetings and votes, although they can give the tenant a proxy to represent them.
Disagreeing with a decision
Disagreeing with a decision is not a reason to stop paying. An owner who believes a decision breaches the law or the regulations can challenge it under article 1433, but the charge remains due while the decision has not been annulled or suspended. Raising the issue at the meeting, so that your position is recorded in the minutes, is usually the first step.
The administrator's role
The administrator makes the rules work: calls the meeting, prepares the budget, collects the charges, checks the insurance and the reserve fund, presents the accounts and carries out decisions within 15 working days (article 1436). See the role of the condominium administrator and the new horizontal property guidelines.
How Condoroo helps
Condoroo manages more than 600 condominiums, including buildings with more than 300 units, with a team of more than 20 professionals. Every building’s bank account is in the condominium’s name, and we send hundreds of letters a month, each one with tracking, so notices of meetings and reminders reach every owner with proof of delivery.
Rights and duties of condominium owners: frequently asked questions
What are an owner's main duties?
Paying the common costs, contributing to the common reserve fund, keeping fire insurance, respecting the limits on using the unit and complying with the decisions taken.
How are condominium costs shared?
In proportion to each unit’s value (permillage), unless the regulations set other rules or the costs serve only some owners.
How much goes into the reserve fund?
At least 10% of each owner’s share of the other condominium expenses.
Is condominium insurance compulsory?
Fire insurance is compulsory for the units and the common parts (article 1429 of the Civil Code).
Does a tenant have to follow the condominium rules?
Yes. Decisions recorded in the minutes also bind anyone using the units.
Can I stop paying my charge if I disagree with a decision?
No. You can challenge the decision, but the charge remains due while the decision has not been annulled or suspended.
This article is for information only and does not replace legal advice. Legislation checked on 26 October 2026.
