Can community ban lets?

AGM: Can they really attempt to reverse the vote? Photo Credit: Shutterstock

QUESTION: Last week we held our community AGM. On the published agenda was the question: should we allow touristic lets, YES or NO?  We heard arguments from both sides and the item was put to the vote and the result was NO. Some of those who voted YES became upset and said they did not accept the vote. Then our administrator said that we had been too hasty in our decision and that in a month, we should bring the item back at an extraordinary general meeting, even though we had more than three weeks notice that this was a agenda item. Can they really attempt to reverse the vote?
D.C. (Mallorca)
ANSWER: Yes they can. However, the real question here is whether the community in fact has the power to prohibit short-term touristic rentals. Unless the community’s original Statutes state that tourist rentals are prohibited, or may be prohibited by majority vote, the community does not have the legal power to prohibit such rentals. The original Statutes can only be modified by unanimous vote, which does not seem likely in this case.
Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.

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David Searl

You and the law in spain Send your questions for David Searl through lawyers Ubeda-Retana and Associates in Fuengirola at [email protected], or call 952 667 090.


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