The heat, high temperatures and the season are coming most desired of the year for many people. And with them, vacation rentals are multiply in Spain. In fact, the increase in demand in the summer season represents a good source of income for many owners who have their homes empty.
Unfortunately, While some are delighted, others suffer the inconveniences of this type of rental.: the entrance and exit constant of people, Rent price increases for local tenants y annoying noises.
Can a community prohibit vacation rentals?
Given this panorama, certain individuals wonder If a community can prohibit vacation rentals. Well, the Royal Decree-Law 7/2019 of March 1 of urgent measures in housing and rent brought a reform of the Horizontal Property Law (LPH) which regulates this issue in its section 17.2:
The agreement limiting or conditioning the exercise of the activity referred to in letter e) of article 5 of Law 29/1994, of November 24, on Urban Leases, in the terms established in the tourism sector regulations, whether or not it involves a modification of the constitutive title or the statutes, will require the favorable vote of three fifths of the total number of owners who, in turn, represent three fifths of the participation quotas. Likewise, this same majority will be required for the agreement establishing special expense quotas or an increase in the participation in the common expenses of the dwelling where said activity is carried out, provided that these modifications do not involve an increase greater than 20%. These agreements will not have retroactive effects.
In this case, the Board of Owners may decide to prohibit the use of the estate’s flats as holiday rental properties, provided that a series of requirements are met.
Requirements
These are the conditions that must be met:
- A meeting of owners should be convened, with the agenda including the point of discussing the potential ban.
- The measure must be voted on and approved by a 3/5 majority of the owners.
- The measure will never have retroactive effect.
- The agreement must be registered in the Property Registry.
What if a neighbor breaks the ban?
According to article 7.2 of the Horizontal Property Law, The community may request the cessation of the holiday rental. If the landlord persists in his attitude, the president of the community could require to a judge who will order the cessation of the activity.
This may be agreed upon and, where appropriate, compel compensation for damages to the affected neighbors.
And what about the common areas?
In this sense, the LPH no establishes the prohibition of the use of the pool by tenants of an apartment or tourist flat. However, as long as said rental It is allowed by the community of owners, the tenants possess the same rights to use and enjoy common areas.
