Lawyer for disputes with homeowners associations over tourist rentals
Defense of property owners in disputes over community bylaws, general meeting resolutions and restrictions on short-term rentals, with a review of the minutes and the deadlines from day one.
Analyze my case without obligationWhen the community gets in the way of your tourist rental
Since the reform of Spain's Horizontal Property Act, the homeowners association plays a decisive role in short-term rentals. A poorly adopted resolution, or a ban that does not hold up, can and should be reviewed.
Challenging resolutions
Review of the notice, agenda, votes and share calculation to detect defects that allow a general meeting resolution to be challenged.
See deadlines and routes →Bylaws and restrictions
Review of bylaws, use restrictions and prior resolutions to determine which limits on short-term rentals are actually enforceable.
Read analysis →Authorization and acquired rights
Study of the three-fifths majority and the transitional regime for owners already operating with a licence before April 2025.
See transitional regime →Formal demands and claims
Response to formal demands from the community, service-charge surcharges and defense against a possible court action to stop the activity.
Discuss my case →What the law requires since 2025
Organic Law 1/2025 amended Spain's Horizontal Property Act: since 3 April 2025, using a home as a tourist rental in a building under horizontal property requires the express consent of the community. A resolution to authorize, limit or prohibit the activity needs the favorable vote of three-fifths of the owners who, in turn, represent three-fifths of the ownership shares. The same quorum also allows the community to approve a surcharge of up to 20% on common expenses.
Owners who were already operating legally before that date keep, in principle, their right, but that right depends on the licence and on how it is documented. For the full explanation, the guide to homeowners associations and tourist accommodation covers each point.
Deadlines are short. Court challenges to a resolution are subject to expiry deadlines, so the minutes should be reviewed as soon as they are received.
How we approach the case
Review the documentation
Bylaws, title deed, notice of meeting, minutes, communications and the status of the tourist licence.
Verify the resolution
We check the agenda, notice period, votes and the double count of owners and shares.
Choose the route and deadlines
Negotiation, a reply to the formal demand or a court challenge, depending on deadlines and available evidence.
Follow-up
Support until the matter is resolved, including later steps with the community.
Frequently asked questions
It depends on the case. Since 3 April 2025, the reform of the Horizontal Property Act requires the express consent of the community, by a three-fifths majority of owners who also represent three-fifths of the ownership shares. Owners who were already operating legally before that date keep, in principle, their right. What matters is a review of the bylaws, minutes, the date the activity began and the status of the licence.
As a general rule, three months from the date the resolution was adopted, or from when you became aware of it if you were not notified of the meeting. If the resolution is contrary to the law or to the bylaws, the period may be one year. These are expiry deadlines, so the minutes should be analyzed as soon as possible. In addition, to challenge a resolution you must be up to date with payments owed to the community or deposit them with the court.
Usually the community bylaws, the title deed or land registry extract, the notice and minutes of the meeting, any communications from the community or its administrator, and the tourist licence or registration of the property, if any.
The reform allows the community to approve, by the same three-fifths majority, an increase of up to 20% in the common expenses share of tourist rentals. Whether the resolution is valid depends on how it was called, voted and counted, and on whether it affects properties that were already operating before the reform.
A formal demand is not yet a court ruling, but it should not be ignored. We analyze whether the activity is actually prohibited by the bylaws or by a valid resolution, and define the response: replying to the demand, negotiating or preparing for possible court proceedings.