The Directorate General for Legal Certainty and Public Faith confirms that homeowners' associations may prohibit the tourist use of dwellings by amending their bylaws (Art. 17.8 LPH). For such a prohibition to be enforceable against third parties and purchasers, the limitation must be recorded in the Land Registry (Art. 32, 34, and 38 of the Mortgage Law). The case examines the suspension of a short-term rental registration number due to existing bylaws that restricted the use of the apartments to residential purposes (Art. 9.2.a RD 1312/2024).
For holiday rental management companies and owners, statutory prohibitions are fully valid and enforceable provided the 3/5 quorum required by the Horizontal Property Law is met. Purchasers of properties will only be obliged to respect these prohibitions if the restrictive clause is registered in the Land Registry, thereby ensuring the protection of bona fide third parties. Associations wishing to restrict this use must follow a strict procedure for convening and notification (Art. 17.8 LPH).
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