WE have received a number of complaints from clients, with regards problems with property rented to tourists in Spain. Which, mainly take place during holidays. And mainly they are made by communities owners. They are short term rentals through websites like Booking.com, Airbnb, etc.
The main complaints are excessive noise, parties until late, improper use of common elements such as swimming pool, lifts, gardens, etc.
Rights in Conflict.
There is a clear conflict of interest, as on one hand, it must be recognised that tourists have a right to enjoy their vacations. Also, the owner of the rented property, has a right to obtain an economic return through tourist rental.
On the other hand, however, residents are entitled to enjoy their own home and community or urbanisation, without being disturbed by noise or improper behaviour.
Change in the Law.
These problems are abundant and growing, so in 2019, a modification was introduced in the law. This change in an easier way, the prohibition and limitation of tourist rentals in communities of owners.
Thus, the law 49/1964 of horizontal property law (LPH), says in its article 17.12 that by means of an agreement, tourist rental may be limited or conditioned, subject to a vote in favour by 3/5ths of the owners present who must represent 3/5ths of the total ownership in the urbanisation.
It also establishes the possibility of agreeing that the properties rented to tourists pay special expenses or increase their participation in community fees by up to 20 per cent.
Therefore, there is the possibility for those who object to rentals to table their objection on the agenda at the next general meeting, suggesting the limitation and even prohibition of this type of holiday rental.
If this prohibition is finally adopted, with the majority indicated, we understand that it must be registered at the Land Registry, as it is a very important limitation and third-party future buyers must be aware of this when receiving general information from the Land Registry.
Once the agreement is adopted, we understand that if the neighbour does not respect the prohibition of renting to tourists, the legal actions provided for in the LPH could be initiated against him or her by the community in court, both for cessation (to stop them from renting out the property) and to claim for compensation.
Therefore, if you have Problems with property rented to tourists by your neighbours, or if you are the owner of a property that is rented to tourists, and you are receiving complaints from the rest of the owners on your urbanisation, you should know that:
1.-It is possible to prohibit or limit tourist rental in a community of owners in Spain.
2.-It is possible to increase the community charge to compensate the other owners in respect of a property that is rented to tourists.
The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.
White & Baos.
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