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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to assign a short-term rental registration number. The resolution examines whether a statutory prohibition by a homeowners' association, adopted in August 2024, can be applied retroactively to properties already registered in the Andalusian Tourism Registry. The text suggests that the prohibition cannot undermine legal certainty or apply to uses already established and registered prior to the amendment of the bylaws.
For owners of properties with already registered tourist use, the resolution reinforces protection against changes in homeowners' association bylaws intended to prohibit activities that are already legally established. It establishes that statutory amendments must not have retroactive effects that affect rights already acquired or registered (Art. 9.3 of the Spanish Constitution). For homeowners' associations, it limits the ability to prohibit tourist uses retroactively if these already had prior registration.
The tax team reviews your specific situation.
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