The Supreme Court upholds the ability of residents' associations to prohibit the presence of tourist flats in their buildings.
Recently, the Supreme Court issued two key rulings upholding homeowners' associations that prohibit economic activity in their bylaws, specifically the rental of dwellings for tourism purposes. These decisions set a significant precedent in regulating the use of residential properties for commercial purposes.
The rulings do not focus on the new regulations of the Horizontal Property Law, which require a qualified majority to limit economic activities, but on whether the community statutes contain express prohibitions regarding the tourist use of dwellings.
In one case, the community of owners of "La Jirafa Élite" in Oviedo obtained support to cease the tourist rental activity in two of its flats. The statutes of the building clearly state that the flats are exclusively for residential use, prohibiting any professional or commercial activity.
The Supreme Court found that the activity in these flats was of a business and commercial nature, in contravention of the statutory prohibition of tourist rental.
In another case involving property owners in San Sebastian, the Court reaffirmed the consideration of the rental of dwellings for tourist purposes as an economic activity. This activity involves a series of requirements and conditions typical of a commercial activity, which contradicts the restrictions established in the community statutes.
The Chamber stressed the importance of clear and precise statutory prohibitions, indicating that the inclusion of tourism activity in these restrictions is consistent with the intention to prevent the exercise of economic activities of a commercial, professional or business nature in dwellings.
In summary, these Supreme Court rulings uphold the ability of residents' associations to prohibit economic activities, such as tourist rentals, when these restrictions are clearly defined in their bylaws. This judicial backing establishes an important framework for regulating the use of residential properties and preserving their exclusively residential nature in these communities.
