{"id":1634,"date":"2026-06-26T19:04:04","date_gmt":"2026-06-26T17:04:04","guid":{"rendered":"https:\/\/www.admcostamar.es\/pisos-turisticos-en-comunidades-de-propietarios\/"},"modified":"2026-07-06T19:18:51","modified_gmt":"2026-07-06T17:18:51","slug":"can-a-homeowners-association-ban-holiday-rentals","status":"publish","type":"post","link":"https:\/\/www.admcostamar.es\/en\/can-a-homeowners-association-ban-holiday-rentals\/","title":{"rendered":"Can a Homeowners’ Association Ban Holiday Rentals?"},"content":{"rendered":"\t\t
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Holiday rental properties have become one of the topics that generates the most questions among homeowners, community presidents and property managers. The growth of short-term holiday rentals in towns such as Fuengirola has led many homeowners’ associations to wonder whether they can restrict this activity, what the current legislation says and what procedure must be followed to make these decisions.<\/p>\n\n

The latest amendment to the Spanish Horizontal Property Act introduced important changes in this area. However, there is still considerable confusion about how the law should be applied, what happens to existing holiday rental properties and what voting majority is required to approve certain community decisions.<\/p>\n\n

In this article, we explain in straightforward terms how the current legislation affects homeowners’ associations and the key role that a professional property manager plays in ensuring that every decision is made in accordance with Spanish law.<\/p>\n\n

What Is Considered a Holiday Rental Property?<\/h2>\n\n

A holiday rental property is a dwelling that is rented out on a short-term basis for tourism purposes, usually advertised through specialist booking platforms or similar online channels.<\/p>\n\n

In Andalusia, in addition to national legislation, holiday rental properties must also comply with the regional regulations established by the Andalusian Government, including registration with the Andalusian Tourism Register where required.<\/p>\n\n

It is important not to confuse a holiday rental property with a long-term residential tenancy. While residential rentals are governed by Spain’s Urban Lease Act, holiday rental properties are subject to their own specific legal framework.<\/p>\n\n

What Changed with the Reform of the Spanish Horizontal Property Act?<\/h2>\n\n

The most significant change introduced by the reform is that new holiday rental properties located within buildings governed by the Horizontal Property Act now require the express authorisation of the homeowners’ association before the activity can begin.<\/p>\n\n

Previously, many communities could only react after problems such as excessive noise, nuisance or breaches of community rules had already occurred. Under the current legislation, homeowners’ associations now have greater authority to decide whether new holiday rental properties may operate within the building.<\/p>\n\n

The aim of this reform is to improve coexistence between neighbours while providing greater legal certainty for both property owners and homeowners’ associations.<\/p>\n\n

Can a Homeowners’ Association Prohibit New Holiday Rental Properties?<\/h2>\n\n

Yes, provided that the legal requirements established by the Spanish Horizontal Property Act are met.<\/p>\n\n

Homeowners’ associations may decide whether to authorise new holiday rental properties through a resolution adopted at a general meeting, provided that the legally required majority is obtained.<\/p>\n\n

This means that, where prior authorisation from the homeowners’ association is required under current legislation, an owner cannot simply begin operating a holiday rental property without first obtaining the necessary approval.<\/p>\n\n

However, every situation should be assessed individually, as there may be specific circumstances arising from the community bylaws, previous resolutions or applicable regional legislation.<\/p>\n\n

What Voting Majority Is Required?<\/h2>\n\n

One of the questions most frequently asked by homeowners concerns the voting majority required to approve these resolutions.<\/p>\n\n

The law requires the favourable vote of three-fifths of all homeowners<\/strong>, representing at the same time three-fifths of the ownership shares<\/strong> within the community.<\/p>\n\n

Unlike other amendments affecting community bylaws, unanimous approval is not required. However, neither is a simple majority sufficient.<\/p>\n\n\n\n\n\n\n\n\n
Community Resolution<\/th>\nRequired Majority<\/th>\n<\/tr>\n<\/thead>\n
Authorising new holiday rental properties<\/td>\nThree-fifths of owners and ownership shares<\/td>\n<\/tr>\n
Increasing certain community fees<\/td>\nThree-fifths of owners and ownership shares<\/td>\n<\/tr>\n
Other community resolutions<\/td>\nDepends on the Spanish Horizontal Property Act<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n\n

What Happens to Holiday Rental Properties That Were Already Operating?<\/h2>\n\n

This is one of the questions most frequently raised by property owners.<\/p>\n\n

Current legislation clearly distinguishes between holiday rental properties that were already operating legally before the reform came into force and those wishing to begin operating afterwards.<\/p>\n\n

As a general rule, the reform is not retroactive for activities that were already being carried out legally before the new legislation entered into force.<\/p>\n\n

For this reason, every individual situation should be carefully assessed before any decision is made that could affect previously acquired rights.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Can a Homeowners’ Association Increase Community Fees for Holiday Rental Properties?<\/h2>\n\n

Yes. The Spanish Horizontal Property Act allows homeowners’ associations to approve an increase in the contribution to common expenses for holiday rental properties, provided that the legal requirements are met.<\/p>\n\n

This increase may be up to 20% above the standard community fee<\/strong> corresponding to the property. The purpose is to offset the additional use that holiday rental properties often make of shared facilities such as lifts, entrances, swimming pools, gardens and other communal areas.<\/p>\n\n

However, this surcharge cannot be applied automatically. It must first be approved by the homeowners’ association during a general meeting, following the procedure established by the Spanish Horizontal Property Act.<\/p>\n\n

Can a Community Ban Holiday Rentals That Were Already Operating?<\/h2>\n\n

This is undoubtedly one of the most common questions among property owners.<\/p>\n\n

The current legislation clearly distinguishes between holiday rental properties that were already operating legally before the reform came into force and those wishing to start operating afterwards.<\/p>\n\n

As a general rule, the reform does not have retroactive effect. Therefore, properties that were already carrying out the activity legally before the legislative change generally retain their rights.<\/p>\n\n

For this reason, every situation should be analysed individually before a homeowners’ association adopts decisions that may affect previously acquired rights.<\/p>\n\n

Seeking advice from an experienced property manager before taking any action is always highly recommended.<\/p>\n\n

Common Situations in Homeowners’ Associations in Fuengirola<\/h2>\n\n

In destinations such as Fuengirola, where tourism plays an important role throughout much of the year, it is common for permanent residents to live alongside owners who rent their properties as holiday accommodation.<\/p>\n\n

In many cases, this coexistence works perfectly well. However, when community rules are not respected, conflicts may arise involving:<\/p>\n\n