Prohibitions on the Use of Pools in Tourist Apartments: What the Law Says

Current Context in Costa Brava and Barcelona

In the communities of property owners in Costa Brava and Barcelona, the presence of tenants in tourist apartments can generate significant tensions. These conflicts often center around the use of common areas, such as pools and gyms. It is essential for communities and property owners to understand the legal regulations that govern these situations to ensure harmonious coexistence.

Real Estate Costa Brava

Current Legal Regulations

The Horizontal Property Law (LPH), modified by Law 10/2022, establishes that communities of property owners can impose deterrent measures on delinquent owners. These measures may include the temporary deprivation of the use of recreational facilities, provided that they do not affect the habitability of the property. This regulation is applied with the aim of encouraging compliance with economic obligations by the owners.

Tenants of Tourist Apartments

Regarding tenants of tourist apartments, the law is clear: they cannot be deprived of the use of common areas solely for being tourists. However, there are exceptions. If the community of property owners has explicitly prohibited tourist activity and this prohibition is formally recorded in the community’s statutes, or if a court order mandates the cessation of disturbing activities, then their use can be restricted. This measure seeks to balance the rights of tenants with those of permanent residents, ensuring that disturbances or uncomfortable situations for neighbors are not generated.

Prohibition of Tourist Apartments

Communities of property owners have the power to limit or prohibit tourist rentals through an agreement with the favorable vote of three-fifths of the total owners and participation quotas. This agreement must be registered in the Property Registry to be legally binding. Additionally, the community may agree to increase common expenses by up to 20% for owners who allocate their properties for tourist rentals. This measure is designed to compensate for the increased use and wear of common areas by tourist tenants.

Prohibition of Common Area Use? Final Reflection

Understanding and correctly applying these regulations is essential to maintaining peace and harmony in the communities of property owners in Costa Brava and Barcelona. This ensures peaceful coexistence between permanent residents and tourist tenants, protecting the rights and duties of all parties involved.

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