Carlos Baos – Tourist rentals

Tourist Rentals. noises, loud music at night, etc. A comprehensive guide to address these problems in Homeowner’s Associations.

It is undoubtedly one of the most challenging, troublesome and contentions matters in the recent years, in Spain coastal vacation areas. We are talking about Tourism Rentals. We receive many queries by owners that wish to use their property for tourism license legally and protect their freedom to develop this activity. But unfortunately, it is also very common for homeowners’ associations, and the neighbours, to suffer loud noises, music late at night, and all kinds of disturbances in their day-to-day, depending on the guests.

Although each community of owners may have their own specifics, in this week’s article we will try to outline a path of key points that must be consider when trying to navigate this difficult situation.

Tourist permit. Is the rental being conducted lawfully?.

By law, tourist rentals require a permit granted by the the regional authority. One of the first steps to address tourist rental problems in a community of owners it to check if the rentals being carried out have a license or not. This information is public and can be verified on the website of the department of Tourism.

Bylaws of the Community of owners. Possibility of prohibiting the activity by 3/5 of the votes and quotas.

From 2019 onwards, it is possible (on paper) to prohibit or set limitations to tourist rentals by 3/5 of the votes and quotas of the owners. All by means of article 17.12 of the Horizontal Property Law. However, not all courts accept this possibility, as there are different interpretations as to the real scope of this article. Some courts understand that a full ban is possible. Others consider that the activity can only be limited. Etc.

Regardless of the above, the recent case law of the Supreme Court accepts the total ban of this rents, if the bylaws or status of a Community of Owners foresee the prohibition of economic activities or hospices. So, checking the exact wording of the bylaws of your community of owners (if you have them) can be key in addressing this matter.

What about the Town Hall of my city?. Is there anything to do there?.

Most municipalities regulate many aspects of the coexistence between citizens. Including neighbours’ relations, nighttime schedule during which noise or nuisances are not permitted, etc. Likewise, Town Hall’s foresee fines for offenders. Spanish Horizontal Law also regulates the option of filing a cease and desist in cases of disturbances. For this action to be successful, it will be necessary to prove the nuisance: police reports, videos, expert reports proving that permitted noise limits are exceeded, etc. Which is not always a straightforward process.

If you live in a community of owners and you wish to try to prohibit and put a stop to these rentals, by means of a prohibitive agreement to be voted in a general/extraordinary meeting, an amendment of the statutes, etc. Do not hesitate to reach out to us.

You may be interested in the following services and articles:

Can your tourist rental be prohibited?. Problems with the community of owners. Expert legal advice. Prohibition or Possibility of increasing community expenses..

New court success. Nullity of the ban on Tourist Rentals Agreement in a Community of Owners. Horizontal Property Law. Expert legal advice..

Tourist rental in Valencian Community. Rules. Documents. Advice.

Carlos Baos (Lawyer)

White & Baos.

Tel: +34 966 426 185

E-mail: info@white-baos.com

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