A community of owners can today approve, restrict, condition or prohibit with a favourable vote of tres quintas partes and quotas, but this modifies the statutes (Section 17.12 of the Horizontal Property Act). It can also recharge common costs for this housing up to 20 %. But these agreements have no retroactive effectsHe who operated before the agreement has an argument. Distinto's a old status que ya prohibía el hospedaje: eso no es un acuerdo nuevo, es una prohibición preexistente, y tener licencia no te exime de cumplirla. Los plazos para impugnar son de tres meses, o un año si el acuerdo es contrario a la ley o a los estatutos.
That's two different plans and they both force you.
The substantive confusion is to treat leave and statutes as if they compete. They don't compete. They work on separate plans and we have to fulfill both.
The tourist enabling title - normally a responsible statement to the autonomous community - resolves your relationship with administration. The board's statutes and agreements resolve your relationship with Your neighbours. Having his registration number doesn't exempt you from his status, just as his permission from his neighbours doesn't exempt you from his release.
If this's clear, everything else's up. A flat can be impeccable in front of Tourism and still have to stop activity by civil decision. And the other way around: you can have the whole community in favor and you can't operate because local planning doesn't admit it.
What a community of owners can do today
Until April of 2025 there was a lively legal discussion about whether a community could reach Prohibition or only a limitation. That argument's over. The text currently in place Section 17.12 of the Horizontal Property Act appoints the four conduct:
"The explicit agreement that approve, restrict, condition or prohibit The conduct of the activity referred to in Section 5 (e) of Act 29 / 1994 [...], with or without an amendment to the title of association or to the statutes, shall require a favourable vote by the tres quintas partes of the total number of owners representing three-fifths of participation quotas. "
Three things that should be read at once in that paragraph:
- Most are double: 3 / 5 Owners and 3 / 5 quotas. One of them isn't good enough.
- It serves even if it modifies the statutes. The general rule of article 17 requires unanimity to amend the title or statutes and for this particular matter the legislator has expressly reduced that majority.
- The agreement has to be expressed and about this activity. A generic agreement about "nuisance" or "noise" isn't a ban on tourism activity.
What every verb means, in practice: limitation and condition are the rules of living with (schedules, use of the elevator, backrest bags, maximum number of occupants). Prohibition That's close activity. All with the same majority.
The defence that does work: there are no retroactive effects
El mismo artículo 17.12 termina con una frase de seis palabras que decide muchos casos:
"Those agreements shall have no retroactive effect."
That's the best protection anyone has. I was already operating. When the board voted. The ban adopted today looks forward to: it reaches housing that wants to start activity, and not those that have been legally exercising it.
Two important details, because this is where mistakes are made:
- Irretroactivity protects against Community agreement. Do not protect against previous status That's what we're talking about.
- Nor does it protect from administrative regulations. That the community cannot apply its retroactive agreement to you does not prevent a new autonomous rule from giving you an adaptation period and then require you to meet requirements that did not exist before.
To invoke irretroactivity we have to be able to prove from when You operated. The production of the enabling title with its electronic stamp or voucher should be saved and dated.
The quota surcharge: up to a 20 % with the same majority
El artículo 17.12 permite además a la comunidad, con esos mismos 3/5, acordar "Special share of expenditure or an increase in share of common housing costs where that activity takes place"with a clear limit: siempre que no supongan un incremento superior al 20 %.
A 20 % is the ceiling, not the default amount. And the irretroactivity colletle applies to this agreement as with that of a ban: it's in the same final sentence of the paragraph.
Practical advice and goes without an ornament: make numbers before fighting. A surcharge from 20 % on a monthly share of 60 € are 12 € per month. A court procedure costs far more than that, takes months and puts you up with a board for years. It's worth discussing if the amount's important or if the agreement goes far beyond the surcharge.
Old Statutes: The Unseen Case
Un estatuto redactado en los años sesenta puede cerrar hoy una vivienda turística. No porque hable de pisos turísticos —el concepto no existía— sino porque prohíbe "Hostiffs", "guest house", "pension" or "hosting activity". Those clauses are still alive and are referred to.
The legal basis is the Section 7.2 of the Horizontal Property Act: to the owner and occupier "they are not allowed to conduct activities prohibited by the States'. And the procedure is in that same article: the president formally requires a cessation; if the owner persists, the board authorized and exercised his cessation action by an ordinary trial. The judge can cautiously agree to an immediate cessation. If the decision considers the suit, it can agree to a final cessation, compensation for damages and la privación del derecho al uso de la vivienda por un tiempo no superior a tres años.
Two boundaries that play for the owner:
- The ban should be expressed. That the building be described as residential by itself isn't a ban on activity. The limitations to the right to property are interpreted restrictively.
- The registration matters. El artículo quinto de la Ley de Propiedad Horizontal dice que el título constitutivo puede contener disposiciones sobre el uso o destino del edificio "to form a privative status that shall not prejudice third parties if they have been registered with the Property Registry". If the status isn't registered, its effectiveness vis-à-vis a third party is questionable. If you are, you get whoever you buy even if you haven't read it.
If you want to start today: permission goes first
For a housing that It doesn't have an operation as yet.The order isn't optional. The Section 7.3 of the Horizontal Property Act, as from 3's April 2025, requires the owner to conduct the activity "get prior expressed approval from the owners community", as referred to in 17.12. He added that if exercised without such approval, the president would require an immediate cessation with the same regime as the previous subparagraph.
Algunas comunidades autónomas ya lo han metido dentro del expediente: en Madrid, el Decreto 27/2026 exige aportar certificado del acuerdo de la comunidad y certificado de que el título constitutivo o los estatutos no contienen prohibición expresa. Sin eso, no hay alta.
A board agreement has come to you: what to do
- He's reading his minutes, and his group's report. You need the text text of the agreement, date and result of the vote with names and quotas.
- Check most of them. They have to be 3 / 5 Owners and 3 / 5 quotas for total, but not for assistants. Please note that Article 17.8 computes as votes those of those duly referred to as missing persons who, as information about the agreement, do not have their discrepancy with them. 30 calendar days. If you haven't been and you don't agree, that communication's the first thing you have to send, by a means that keeps track of the reception.
- Take your start date. If you had an operation before the agreement, irretroactivity's your main argument.
- Check the statutes. If there was an earlier ban, the discussion completely changes: the problem isn't the new agreement.
- Look at the challenge schedule. Section 18 of the Horizontal Property Act challenges agreements that are contrary to law or statutes and that are serious harm to the community for the benefit of one or more owners or cause serious damage to an owner without an obligation to endure or have been adopted with an abuse of law. Action caduca a los tres meseswith the exception of acts contrary to law or statutes, in which case it expires Annual. For absentees, the term after the notice of an agreement has been established.
- Reaping up. The same article 18 requires that we be aware of all of the debts that have been earned with the community - or have them put into court - so that we can challenge them. That's the stupidest reason we miss a matter.
- Keep operating while you decide with care. The challenge does not suspend enforcement of the agreement unless the judge so cautiously agrees. That's how a lawyer's decision about your particular case goes.
How we work at Bliss Homes
En las viviendas que gestionamos en ocho comunidades autónomas, la revisión de título constitutivo y estatutos forma parte del alta de cada propietario, antes de publicar la vivienda en ningún canal. Y cuando llega un acuerdo de una junta, lo primero que reconstruimos es la fecha de inicio de actividad, porque es lo que decide si la irretroactividad juega o no. Nuestra gestión integral es del 17 % más IVA (20,57 % con IVA) sobre lo que ingresa el propietario, sin permanencia. Si lo que necesitas es una lectura de tu caso, la asesoría 1:1 cuesta 235 €.
That article was informative and did not replace legal advice. We are not lawyers: challenges are short and each community has its documentary history, so contrasts your concrete case with a professional before making decisions.
FAQ
Can the community outlaw me with tourist rental?
Yeah. Since the current text of article 17.12 of the Horizontal Property Act, an agreement approving, limiting, conditioning or prohibiting activity requires a favourable vote of three fifths of the total number of owners representing three fifths of quotas. It serves even if it involves amending the title or statutes.
He had his flat working. Do I have an affair with the deal?
Not at first. 17.12 adds that these agreements will have no retroactive effect. Protection reached the agreement of the community and did not reach an earlier status that already prohibited activity and administrative regulations. To call on her, you have to be able to credit how soon you have been operating.
How much can I get a share up for a resort?
The article 17.12 allows for special quotas or an increase in share of common costs with the same majority of three fifths, as long as they do not exceed the 20 %. That 20 %'s a roof, and that's an automatic figure, and the agreement doesn't have retroactive effect either.
What if the Statutes have been to ban Hospederies but do not mention tourist housing?
They are most widely referred to as clauses, because old statutes use that terminology. Section 7.2 of the Horizontal Property Act prohibits conduct of activities vetted by the statutes and the community may conduct an action of cessation. The ban, however, should be expressed: that the building be described as residential by itself isn't sufficient.
How long do I have to challenge a board agreement?
Tres meses desde su adopción, salvo que se trate de actos contrarios a la ley o a los estatutos, en cuyo caso la acción caduca al año (artículo 18 de la Ley de Propiedad Horizontal). Para los propietarios ausentes, el plazo se cuenta desde la comunicación del acuerdo.
I didn't go to the board. Do you count my vote as a favor?
He can count. The article 17.8 computs as favourable votes those of the previously mentioned absent owners who, after information about the agreement, do not reveal their discrepancy to the secretary within the period of 30 calendar days, by any means that will allow to have a record of receipt. Sending that discrepancy in time is the first thing to do.
If I argue, can I keep renting while it's settled?
The challenge does not by itself suspend enforcement of the agreement: Section 18.4 expressly states this, unless the judge agrees to the suspension as an precautionary measure at his request. Also, to challenge them, we have to be aware of or report them to the public.
Do we talk about your place?
We give you an estimate with information about real housing that we already manage, not an invented number. Free and free.