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The recent Supreme Court ruling on tourist apartments helps to clarify the legal situation of tourist apartments in homeowner communities.
This decision establishes an important precedent that affects both individual owners and communities as a whole.
Analysis of the ruling
The Civil Chamber of the High Court has ruled that the prohibition of tourist apartments in a homeowner community must be expressly stated in the statutes.
The Supreme Court ruling on tourist apartments arises from a case in Madrid, where a community attempted to prevent the tourist use of a property based on a broad interpretation of its statutes.
The Court has been clear: general descriptions about the use of homes are not sufficient to prohibit specific activities such as tourist rentals.
For such a prohibition to be effective, it must be explicitly mentioned in the community’s statutes.
Practical consequences
This Supreme Court ruling on tourist apartments has significant implications:
- Communities wishing to prohibit tourist apartments will need to review and, possibly, modify their statutes.
- A qualified majority (3/5 of the owners) is required to approve changes in the statutes that prohibit tourist rentals.
- Owners of tourist apartments in communities without an express prohibition can continue their activity, as long as they do not violate other community rules.
Legal recommendations
In light of this ruling, we recommend to homeowner communities and individual owners:
- Carefully review the current statutes of the community.
- Consider the need to modify the statutes if you wish to regulate or prohibit tourist apartments.
- Seek specialised legal advice to draft clauses that are clear and legally valid.
- In case of conflict, consider mediation as a first option before resorting to legal proceedings.
How can we help you?
At Delaguía y Luzón, we offer specialised advice in this field, specifically about the new Supreme Court ruling on tourist apartments.
Our team is prepared to help both homeowner communities and individual property owners navigate these complex legal issues, ensuring that their interests are protected and that they comply with current legislation.
- Statute review: We carefully analyze your community’s statutes to identify possible legal gaps or the need for modifications.
- Specialised advice: We provide expert guidance on how to adapt the statutes to the new jurisprudence, ensuring the protection of your interests.
- Legal drafting: We draft clear and legally sound clauses to regulate or prohibit tourist apartments, following the recent Supreme Court ruling.
- Representation in litigation: We offer robust defense in the event of legal disputes related to tourist apartments in homeowner communities.
- Mediation: We facilitate mediation processes to resolve conflicts amicably between owners and communities.
- Advice on tourist licenses: We guide you through the requirements and procedures necessary to obtain and maintain tourist apartment licenses, adapting to the specific regulations of each autonomous community.
FAQ on Supreme Court ruling on tourist apartments
Can homeowner communities prohibit tourist apartments without modifying their statutes?
No, according to the Supreme Court ruling on tourist apartments, the prohibition must be expressly stated in the community’s statutes.
What majority is needed to prohibit tourist apartments in a community?
A 3/5 majority of owners is required to approve changes in the statutes that prohibit tourist rentals.
What happens if the statutes do not specifically mention tourist apartments?
In that case, tourist rental activity cannot be prohibited, according to the Supreme Court ruling.
Can owners of tourist apartments continue operating if there is no express prohibition?
Yes, as long as the activity is not considered disruptive or inconvenient according to the existing statutes.
How does this ruling affect communities that have already prohibited tourist apartments?
If the prohibition is clearly stated in the statutes, it remains valid. Otherwise, it could be challenged based on this ruling.
What steps must a community take to prohibit tourist apartments following this ruling?
They will need to review and, if necessary, modify their statutes to include a clear and explicit prohibition.
What role does mediation play in conflicts related to tourist apartments?
Mediation is an effective tool to resolve conflicts amicably between owners and communities, avoiding costly litigation.
How can I ensure that my statutes are up to date and legally valid?
It is advisable to consult a specialized lawyer to review and update the statutes in accordance with the new jurisprudence.
