Regulation of Tourist Rentals, Noise, and Common Areas Usage
The Horizontal Property Law (Ley de Propiedad Horizontal, LPH), established by Law 49/1960 and its subsequent amendments, regulates the communities of property owners in residential buildings in Spain. This law defines the rights and obligations of property owners, the use of common areas, the administration of the community, and conflict resolution.
Prohibition of Tourist Rentals
Article 17.12 of the LPH: Allows property owner communities to establish limitations or conditions on the use of apartments or premises as tourist rentals through a qualified majority agreement of three-fifths of the total owners, representing three-fifths of the participation quotas.
Andalusian Tourism Law (Law 13/2011): Regulates the registration and operation of tourist accommodations, setting specific requirements for their legalization and operation.
Decree 28/2016, of the 2nd of February on Tourist Accommodations: Establishes technical and service requirements that tourist accommodations must meet in Andalusia.
Recent updates now require a certificate from the Property Registry confirming whether the community of owners prohibits tourist rentals. This certificate must be included when registering the property for tourist activities.
Severe infractions, such as operating an unregistered tourist accommodation, can incur fines ranging from 2,001€ to 18,000€.
Property owner communities can take legal action against owners who use their properties for tourist rentals without the community’s proper authorization.
Noise and Disturbances
Article 7.2 of the LPH: Property owners and occupants are prohibited from conducting activities in their apartments or premises that are forbidden in the statutes, harmful to the building, or contrary to general regulations on annoying, unhealthy, noxious, hazardous, or illegal activities.
Law 37/2003, of the 17th of November, on Noise: Establishes a legal framework for protection against acoustic pollution, applicable to property owner communities as well.
Municipal Noise and Vibration Ordinances in Andalusia: Each municipality can have specific ordinances regulating permissible noise levels and penalties for violations.
Penalties for infractions can vary depending on severity, ranging from warnings and small administrative fines to significant sanctions in cases of recurrence or severe disruption of coexistence.
The property owner community can impose internal sanctions and seek municipal authorities’ intervention for fines.
Use of Common Areas and unpaid community fees
Article 9.1.e of the LPH: Obligates all property owners to contribute to general expenses for the proper maintenance of the building, its services, charges, and responsibilities.
Article 15.2 of the LPH: Allows the community to deny access to certain common facilities (such as pools or sports courts) to owners who are late in paying community fees.
Law 1/2000, of the 7th of January on Civil Procedure (LEC): Regulates the summary proceeding, facilitating the quick and effective collection of community debts.
Delinquent owners may face surcharges for late payments and the prohibition from using certain common areas.
The community can initiate legal proceedings to claim debts, potentially resulting in the seizure of the delinquent owner’s assets.
Procedures and Conflict Resolution
Article 17 of the LPH: Establishes the requirements for adopting agreements in the owners’ meeting, distinguishing between simple and qualified majorities depending on the nature of the agreement.
Article 18 of the LPH: Allows judicial challenges to community agreements if they are contrary to the law or statutes, significantly detrimental to the community’s interests for the benefit of one or several owners or cause severe harm to an owner who is not legally obligated to bear it.
Adopted agreements can be enforceable, and non-compliance can lead to judicial actions.
Judicial resolutions can impose fines and sanctions on parties failing to comply with agreements or presenting unfounded litigation.
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