Recently, we have had a few clients ask about extra community fees for owners who rent out their property. Many have been surprised by this and asked if it is legal.
Extra Community Fees
This possibility was approved by the government of Spain through the Real Decreto-ley 7/2019, of 1 of March. The measure has been incorporated into the Horizontal Property Law (article 17.12).
The Community may allow or prohibit tourist apartments. Also, with the quorums of participation of the votes established by the law it can increase the fee for community expenses to the owners of tourist apartments. This is up to a maximum of 20%.
Statutes of Community of Owners
Firstly, when looking at this matter, it is necessary to check what the Statutes of that Community of Owners establish. If it is established that tourism or vacation rental is prohibited, then you cannot have this type of rental in any case. If nothing is said about this issue then you should do what is established by the Horizontal Property Law.
Horizontal Property Law
After the legal reform that took place in 2015, art. 17.12 of the Horizontal Property Law refers.
This article establishes that the Community can effectively limit or condition tourist rentals. This requires the favorable vote of three fifths of the total of the owners who, in turn, represent three fifths of the participation fees. In any case, it must be the Community of Owners who first votes whether or not to allow these rentals, and under what conditions. Although if the Community decides to ban them and some neighbours are not happy, a Judge could be asked to finally decide.
In addition, the Community of Owners may also establish special spending quotas or an increase in the share of the common expenses of the home where such activity is carried out, provided that these modifications do not involve an increase of more than 20%.
Can a President File a Denuncia?
If the Statutes do not prohibit these rentals and the possibility of limiting or conditioning them has not been voted on at a Meeting,then a President would have no legal basis to file a police complaint.