In our interpretation, the other owners cannot prohibit you from providing short-term accommodation in your apartment by voting at a meeting. The Slovak Apartment Ownership Act does not expressly give them that power, and the Czech Supreme Court has held that an owners’ association cannot restrict owners’ use of their apartments through its articles of association. However, you are responsible for your guests’ behaviour, and neighbours may seek protection in court if disturbances persist. Short-term accommodation is generally not a tenancy and entails additional obligations, including, in Slovakia, local accommodation tax if the municipality has introduced it.
Where short-term accommodation is offered through platforms, guests come and go in the building and sometimes disturb neighbours with noise at night. The other owners may therefore wish to vote at a meeting to prohibit it or make letting conditional on everyone’s consent. The legal rules differ depending on whether the apartment is in Slovakia or Czechia. In both countries, however, owners’ decision-making concerns the management of the building, rather than how an individual owner uses their apartment.
What apartment owners vote on in Slovakia
Under Act No. 182/1993 Z. z. on the Ownership of Apartments and Non-Residential Premises, owners vote on matters concerning the management of the building, its common parts and facilities, appurtenances and land (Section 14(1)). The Act specifies which matters they vote on and the majority required, for example the operation, maintenance and repair fund or the house rules, while other matters are decided by a majority of those present (Section 14b(1) and (4)). The Act contains no rule allowing owners to vote to permit or prohibit short-term accommodation in an individual apartment. In our view, a resolution prohibiting it therefore does not bind the owner, although the Act does not expressly address this situation. This interpretation alone, however, is not sufficient to decide how to challenge a prohibition. If a prohibition has been put to a vote, check the procedure and deadline for challenging it in the question how to challenge a decision when the other owners have outvoted you.
The house rules are nevertheless binding even on people who are merely staying in the building (Section 11(10)), including guests. They govern the use of the building’s common parts and facilities, such as corridors, lifts and waste storage areas (Section 2(1), letter s)). The apartment owner must also act in a way that ensures that letting does not disturb others:
The following quotation is reproduced in its original language:
Je povinný konať tak, aby pri užívaní, udržiavaní, zmenách, pri prenajatí bytu alebo nebytového priestoru v dome, prípadne jeho časti a pri inom nakladaní s bytom a nebytovým priestorom v dome nerušil a neohrozoval ostatných vo výkone ich vlastníckych, spoluvlastníckych a spoluužívacích práv.
Neighbours may bring an action requiring the owner to refrain from causing a nuisance beyond what is reasonable in the circumstances (Section 127(1) of the Civil Code, Act No. 40/1964 Zb.). Where peaceful residential use is persistently disturbed, safety is endangered or conduct in the building is contrary to good morals, the court may even order the sale of the apartment on an application by the association or an owner (Section 11(5) of the Apartment Ownership Act). That provision refers to the owner’s conduct. Whether the behaviour of guests to whom the owner repeatedly makes the apartment available can also be attributed to the owner will be assessed by the court in light of the circumstances.
Accommodation is not a tenancy
A stay of a few nights is generally treated as temporary accommodation (Section 754 of the Civil Code), rather than an apartment tenancy. This should not be confused with a short-term apartment tenancy under Act No. 98/2014 Z. z., which is a tenancy subject to statutory requirements, as explained in the question what is a short-term apartment tenancy.
Providing accommodation entails public-law obligations. If the municipality has introduced a local accommodation tax (Section 2(1) of Act No. 582/2004 Z. z.), it also applies to paid temporary accommodation in an apartment within an apartment building (Section 37 of Act No. 582/2004 Z. z.). If you provide services beyond basic services alongside the letting, the activity constitutes a trade (Section 4(1) of Act No. 455/1991 Zb.). We recommend discussing the taxation of accommodation income with a tax adviser.
Owners’ associations and their articles in Czechia
The Czech Civil Code (Act No. 89/2012 Sb.) gives a unit owner the right to manage their apartment freely and use it exclusively. However, the owner must not make it more difficult for other owners to exercise the same rights, or endanger, alter or damage the common parts (Section 1175(1)).
In its ruling in case No. 26 Cdo 854/2022 dated 15. 3. 2023, the Supreme Court of the Czech Republic considered articles of association that made repeated short-term letting and the provision of accommodation conditional on the consent of all members of the association. It held that an owners’ association may adopt provisions in its articles only within the scope of its powers. A resolution restricting owners’ use of their apartments through the articles concerns a matter outside those powers and is treated as if it had not been adopted. The court considered the version of the law in force up to 30. 6. 2020, but Section 1175(1) of Act No. 89/2012 Sb., on which it relied, remains unchanged today.
The owner continues to owe duties to the building’s other residents. They must ensure that people they allow into the building or apartment also comply with the rules on building management and the use of common parts (Section 1176 of Act No. 89/2012 Sb.). If guests interfere with other owners’ rights, neighbours may seek protection in court, as the owner must not make it more difficult for them to exercise those rights.
We will review your building’s association agreement, articles of association and house rules with you and assess whether you are letting an apartment or providing accommodation. For an apartment in Slovakia, we will prepare contractual terms for tenants through our apartment and house lettings service. If a dispute with the association or neighbours goes to court, we will provide representation in court proceedings.
This answer provides general information on the law as at 3 October 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.
