The new Supreme Court ruling arises from the various interpretations of Article 17 of the Horizontal Property Law, which regulates the limitations or prohibitions of vacation rentals within homeowners' associations. Until now, the law required a unanimous vote from all owners to outright prohibit these rentals, but the new ruling changes this criterion.
The Supreme Court ruling from October 2024 clarifies that a double majority of three-fifths of the owners will be sufficient to prohibit vacation rentals, not just limit them. The Court considers "limiting" synonymous with "prohibiting." This decision sets a legal precedent, meaning that from now on, all provincial courts will need to apply this same criterion in their rulings.
However, it is important to note that this ruling is not retroactive. If you already hold a valid license for vacation rentals and comply with regional and municipal regulations, this ruling will not affect the operation of your property as a tourist rental. Only new votes moving forward will be able to impose restrictions.
To better understand the scope of this Supreme Court ruling and how it may impact your property, we invite you to watch the explanatory video from our CEO, Jesús García Ahumanda.
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If you are a property owner and have questions about how this ruling might affect you, or if you are looking to maximize the profitability of your property in Puerto Banús or Marbella,
don’t hesitate to contact us.
At
Banus Rentals, our team of professionals is here to advise you, ensure your property meets the latest legal requirements, and help you achieve maximum profitability with vacation rentals.