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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal regarding the validity of banning tourist activities within homeowners' associations. It has been established that for a ban on leases for tourist accommodation contained in the bylaws to be enforceable against third parties, it must be duly registered in the Land Registry (legal grounds). In this instance, the ban was not enforceable against the buyer because the registration of the statutory amendment occurred after the property was acquired.
For homeowners and tourist rental management companies, the registration of Board resolutions prohibiting tourist use is critical for their effectiveness against third parties (legal grounds). Homebuyers must verify not only the existence of such agreements but also their effective registration to avoid unforeseen contingencies. Homeowners' associations must ensure their bylaws are registered so that use restrictions have legal effect against new purchasers.
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