The Directorate General for Legal Certainty and Public Faith has ruled that homeowners' association statutes cannot prevent the assignment of a short-term rental registration number if the property was already registered in the Andalusian Tourism Registry before 3 April 2025 (Legal Grounds). This date marks the entry into force of Decree 31/2024 of 5 February, whose single transitional provision establishes that community authorisation is not required in such cases. The resolution clarifies that while Registrars have the authority to assign this number, including monitoring compliance with statutes, they must adhere to the application of current transitional rules.
For owners of properties with tourism registration prior to 3 April 2025, the ability to obtain a single short-term rental registration number is guaranteed, as the transitional provision of Decree 31/2024 prevails over commercial use prohibitions contained in homeowners' association statutes (Legal Grounds). For homeowners' associations, this limits their ability to veto tourism activities already established under the previous regime. Land Registrars retain the authority to verify compliance with statutes but must observe the legal exceptions established by the transitional regulations.
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