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The Directorate General for Legal Certainty and Public Faith examines the validity of a ban on tourist use imposed by a homeowners' association. The dispute arises following a negative assessment by a registrar, who refused to assign a short-term rental registration number based on a statutory prohibition clause (Facts II). The resolution addresses the potential nullity of community agreements that fail to reach the majorities required by the Civil Code of Catalonia (Art. 553-26 and 553-43 CCCat).
For owners wishing to use their property for tourist rentals, a community agreement prohibiting such activity is only effective if adopted with the required legal majority (Art. 553-26 and 553-43 CCCat). If the agreement is void due to a lack of majority, the prohibition cannot be registered nor be enforceable against a new property owner. For homeowners' associations, this implies that any use restriction must strictly comply with voting quorums to avoid challenges and the ineffectiveness of their statutory clauses.
The tax team reviews your specific situation.
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