Is it possible for homeowners' associations to prohibit tourist flats?

The proliferation of tourist flats in Spain has caused an important debate between homeowners and neighbours. Although the tourism industry is fundamental to the country's economy, the impact of these accommodations on neighborhood communities does not go unnoticed. In this article, we will explore the legal possibilities for homeowners' associations to limit or prohibit tourist flats in their buildings. We will also analyse the current regulations, the rights of owners, and how this situation is being faced in the different regions of Spain.

The current reality of tourist flats in Spain

Tourist flats have experienced exponential growth in recent years, driven by platforms such as Airbnb and Booking.com. According to data from the National Institute of Statistics (INE), in 2023, Spain had more than 300,000 registered homes for tourist use, which represents 10% of the total housing stock in the main tourist cities such as Madrid, Barcelona and Malaga.

The problem lies in the fact that many of these properties are located within residential buildings, which generates conflicts with neighbors due to noise, security, and maintenance problems of common areas. This scenario has led homeowners' associations to seek solutions to limit or even prohibit the use of homes as tourist rentals within their properties.

National and regional regulations on tourist flats

At the state level, the legal framework that regulates tourist flats is relatively ambiguous, which has caused many of the decisions on their regulation to be delegated to the autonomous communities. Each region has its own regulations on tourist rentals, and some of the most restrictive include:

• Catalonia: One of the strictest communities in terms of the regulation of tourist flats. Since 2016, it has required obtaining a tourist registration number and limits the opening of new licences in Barcelona.
• Madrid: It introduced regulations in 2019 that require tourist flats to have a separate entrance from the rest of the building.
• Andalusia: It also requires the registration of tourist homes, in addition to complying with a series of technical and safety requirements.

Rights of homeowners' associations

The Horizontal Property Law (LPH) in Spain is the regulation that regulates coexistence in residential buildings. In 2021, this law was amended to make it easier for homeowners' associations to make decisions about tourist flats. According to this amendment, it is possible to prohibit or limit tourist rental activity as long as you have the support of 60% of the owners (instead of the majority of 3/5 that was previously necessary).

This change has allowed many communities to take action on the matter, but limitations remain. For example, if an owner was already renting out his home as a tourist flat before the modification of the LPH, in principle, the prohibition could not be applied retroactively.

Voting and agreements at owners' meetings

It is essential that homeowners' associations follow the proper procedure for making decisions about tourist flats. In most cases, the process begins with a homeowners' meeting where the issue is discussed and put to a vote. If the 60% agreement is reached, the community can establish restrictions, such as prohibiting tourist rentals or imposing specific conditions, such as occupancy limits or the obligation to make acoustic improvements in the affected flats.

In addition, it is important that this type of decision is registered in the Land Registry, which guarantees that future buyers will be informed of the restrictions imposed by the community.

Challenges and controversies

Despite the legal tools available, the prohibition of tourist flats in communities of owners is not without controversy. On the one hand, there are owners who see tourist rentals as an important source of income. They usually argue that the use of their property is a fundamental right and that it should not be limited by the decisions of the neighbors.

On the other hand, the residents of the affected buildings usually allege that the tourist use of the homes alters coexistence and decreases the quality of life in the building. Noise, lack of security, and deterioration of common areas are some of the most pointed out problems.

Case studies: What's happening in big cities?

In cities such as Madrid, Barcelona and Valencia, where the number of tourist flats has grown disproportionately, homeowners' associations have taken the initiative to limit this activity.

Madrid

In Madrid, many homeowners' associations have decided to prohibit the use of homes as tourist flats, taking advantage of the change in regulations. However, owners who were already renting out their homes for tourism before the modifications continue to enjoy some legal protection. In addition, the city council has imposed additional limitations, such as the obligation to have a separate entrance for tourist flats, which has reduced the number of new licences.

Barcelona

Barcelona has been one of the cities most affected by mass tourism and the boom in tourist flats. The city council has taken drastic measures, such as freezing new licenses and actively prosecuting illegal tourist flats. In addition, homeowners' associations in areas such as the Eixample or the Gothic Quarter have led initiatives to limit or prohibit tourist activity in their buildings.

Valencia

Valencia has also followed a similar line, imposing restrictions both at the municipal level and in the communities of owners. In many of the most touristy areas of the city, such as the Old Town, tourist flats have been banned, and homeowners' associations have played a key role in implementing these restrictions.

Benefits and disadvantages of banning tourist flats

The prohibition of tourist flats in homeowners' associations has advantages and disadvantages that must be considered before making a decision:

Proceeds:

• Improvement of coexistence: Less noise and safety issues in buildings.
• Heritage protection: Less wear and tear on common areas.
• Rising Residential Home Values: In some cases, tourist flats can devalue the price of homes for sale within a building.

Disadvantages:

• Loss of income: For owners who depended on tourist rentals.
• Difficulty of application: It's not always easy to enforce restrictions, especially in big cities.
• Tensions between neighbors: Disagreements about the tourist use of homes can generate conflicts within the community.

 Conclusion

In conclusion, homeowners' associations in Spain have the legal capacity to limit or prohibit the use of homes as tourist flats, provided that the appropriate procedure is followed and the necessary consensus is reached. Local and regional regulations also play a key role in regulating this activity, and it is essential that owners and neighbors are aware of the laws in force in their region.

Although this measure has its pros and cons, the truth is that more and more communities are choosing to regulate this activity to protect coexistence and quality of life in their buildings.