Registering Your Spanish Property For Tourist Use?

If you ain a spot successful Spain and are considering registering it for tourer rental, it is important to beryllium alert of a cardinal ineligible update affecting nan process. Under existent legislation, registering a location successful nan Tourism Registry now requires anterior support from nan organization of spot owners (comunidad de propietarios), and not conscionable immoderate approval—a qualified mostly ballot is needed.

What is simply a qualified majority?

As group retired successful Article 17.12 of nan Spanish Horizontal Property Law (Ley de Propiedad Horizontal), a qualified majority means:

• Three-fifths (3/5) of each spot owners, and
• Three-fifths (3/5) of nan full information quotas successful nan building.

Importantly, this does not mention to 3/5 of nan owners coming astatine a meeting. Instead, it refers to a double mostly of nan full ownership, sloppy of whether each owners be nan gathering aliases not.

So for nan determination to pass, you must get nan statement of:

• At slightest 60% of each nan owners successful nan building, and
• Those owners must collectively clasp astatine slightest 60% of nan ownership shares.

The 30-Day Rule: How absentee votes count

After nan ballot is taken during a organization meeting, Spanish rule allows 30 almanac days for immoderate absent owners to definitive their position. According to Article 17.8, if a decently notified proprietor does not respond wrong that time, their soundlessness is legally interpreted arsenic a vote successful favour of nan statement reached by nan majority.

This norm is important because it intends nan votes of absent owners will reinforce nan determination taken astatine nan meeting—whether it is to o.k. aliases cull nan proposal.

However, if an proprietor disagrees pinch nan result, they must notify nan community secretary wrong 30 days (using a method that provides impervious of receipt) to formally registry their opposition.

What astir expanding organization fees for tourer rentals?

The aforesaid qualified majority is besides required erstwhile nan organization wishes to adopt a solution to increase nan organization fees by up to 20% for those owners who rent retired their spot for tourer purposes.

For example, if a connection is made to raise nan fees for tourer rentals and it is rejected by nan majority, past nan votes of those not coming astatine nan gathering will besides count arsenic supporting nan rejection—unless they formally entity wrong 30 days.

This ineligible building is designed to guarantee nan stableness of agreements and forestall decisions from being overturned by inaction.

Need thief navigating spot laws successful Spain?

At My Lawyer successful Spain, we regularly assistance spot owners pinch ineligible proposal related to tourer rentals, voting procedures, and organization agreements. If you are unsure really to registry your spot pinch nan Tourism Registry, aliases if these changes impact your property, get successful touch pinch our master team.