{"id":21731,"date":"2018-09-30T13:38:20","date_gmt":"2018-09-30T11:38:20","guid":{"rendered":"https:\/\/www.in-diem.com\/immediate-cessation-of-tourist-apartment-activities\/"},"modified":"2026-08-12T15:32:00","modified_gmt":"2026-08-12T13:32:00","slug":"immediate-cessation-of-tourist-apartment-activities","status":"publish","type":"post","link":"https:\/\/www.in-diem.com\/en\/immediate-cessation-of-tourist-apartment-activities\/","title":{"rendered":"Immediate cessation of tourist apartment activities"},"content":{"rendered":"
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Important:<\/strong> This article is a reprint of a 2018<\/strong> post regarding the immediate suspension of short-term rental operations<\/strong> due to disturbances, neighborhood conflicts, and improper use of common areas in a homeowners\u2019 association.<\/p>\n\n

Since then, the legal framework governing tourist accommodations<\/strong> has evolved significantly, particularly as a result of subsequent amendments to the Condominium Act<\/strong><\/a>, the Royal Decree-Law 7\/2019<\/strong><\/a> , and subsequent case law. For an up-to-date analysis, , contact us<\/strong><\/a>. <\/p>\n<\/div>\n\n

The operation of tourist apartments<\/strong>\u2014which had recently been regulated at the time this post was published\u2014was, in some cases, causing neighborhood disputes that were beginning to be brought before our courts.<\/p>\n\n

The use of residential units located within homeowners\u2019 associations for tourism raised a particularly important question: determining when such activity could be considered compatible with the normal use of the property and when, on the other hand, it could cause disturbances, harm, or an improper use of the common areas.<\/p>\n\n

Immediate cessation of tourist apartment activities<\/h2>\n\n

Generally speaking, the courts agree that \u201cit cannot be concluded, in the abstract, that the existence of tourist accommodations constitutes an activity contrary to normal community life; rather, the use made of such accommodations must be deemed abnormal or antisocial, as a result of a series of behaviors or actions that warrant being considered uncivil.\u201d However, \u201cthis analysis must be conducted on a case-by-case basis\u201d (TSJC).<\/p>\n\n

IN DIEM Lawyers<\/strong> has already covered this ruling on our blog; you can read about it in the post on tourist apartment rentals and homeowners\u2019 associations<\/strong><\/a>.<\/p>\n\n

In this regard, the aforementioned TSJC<\/strong> has issued a ruling confirming that homeowners\u2019 associations may amend their bylaws to prohibit short-term rental apartments, but it also stipulates that this decision cannot affect an owner who purchased their apartment without any restrictions on use if they already have an approved license.<\/p>\n\n

Consequently, it is up to the courts, based on the specific facts of each case, to determine whether the situation constitutes normal coexistence or, if not, abnormal coexistence for the residents of the homeowners\u2019 association, in order to decide on the measures to be taken.<\/p>\n\n

The case-by-case analysis approach<\/h2>\n\n

The concept of a case-by-case analysis is essential in disputes over tourist accommodations<\/strong>. It is not enough to assert in abstract terms that all tourist activity is contrary to community harmony, nor can the possibility of harm to neighbors be automatically ruled out. <\/p>\n\n

The legal assessment must take into account the specific use of the dwelling, the intensity of the activity, the number of occupants, the use of common areas, the presence of noise, damage, incidents, or disturbances to communal living, and any potential impact on the rest, safety, and peace of mind of those who habitually reside in the building.<\/p>\n\n

For this reason, in this type of dispute, the evidence that the homeowners\u2019 association can provide takes on particular importance: association minutes, complaints, correspondence, police reports, neighbor testimonies, documented incidents, photographs, videos, or any other evidence that can prove abnormal or harmful use.<\/p>\n\n

Resolution on the Immediate Closure of Two Tourist Apartments<\/h2>\n\n

Recently, according to a report by the General Council of the Judiciary<\/strong><\/a>, Granada\u2019s Court of First Instance No. 14<\/strong> has ordered the \u201cimmediate\u201d cessation of operations at two vacation rentals.<\/p>\n\n

The ruling finds that the operations of these tourist apartments were disruptive and harmful. In this regard, the following passage from the ruling is worth noting: <\/p>\n\n

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\u201c[\u2026] it is a well-known fact that the use of common areas by 800 different people over two years (a figure provided by the defendant himself) clearly constitutes abnormal use of the common facilities, and although the likelihood of damage occurring was expressed only in terms of probability, the likelihood of damage, or improper or misuse of the common facilities, is high; and if we further consider that the users do not hold co-ownership of these facilities\u2014so that their repair or replacement would not directly affect property they own\u2014the care they exercise cannot be equated with that of the co-owners.\u201d<\/p>\n<\/blockquote>\n\n

The intensity of use of the common areas was, therefore, one of the key factors in assessing whether the activity was disruptive or harmful. The constant flow of people from outside the community could disrupt the normal use of the building and increase the risk of damage, deterioration, or improper use of common areas. <\/p>\n\n

Tourism in Homeowners’ Associations<\/h2>\n\n

The resolution also highlighted the difference between accommodation specifically designed for tourist use and a residence that is part of a homeowners’ association where permanent residents live.<\/p>\n\n

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\u201c[\u2026] the use of properties within a homeowners\u2019 association for tourism purposes, alongside those who use the association as their primary residence, inevitably leads to conflicts arising from the conduct of commercial activities in spaces not specifically designated for that purpose.\u201d<\/p>\n<\/blockquote>\n\n

This consideration reflects one of the main tensions arising from short-term rentals in residential buildings: the coexistence of those who use the housing on a temporary basis and those who live there on a permanent basis.<\/p>\n\n

Tourism-related activity may involve frequent comings and goings, heavy use of elevators, entryways, stairways, and other common areas, as well as situations that may affect the safety, rest, and peace of mind of the community.<\/p>\n\n

Noise, Safety, and Disturbances to Community Life<\/h2>\n\n

The resolution in question also addressed various issues related to safety, the handover of keys, noise, and the use of common areas.<\/p>\n\n

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\u201c[\u2026] for the safety of the property owners regarding the handover of keys to the building entrance in relation to the number of occupants, as well as the need to call the local police due to \u2018the party organized by some foreigners\u2019 at 4:00 a.m., incidents that occurred on Friday, March 21, during a farewell party, the use of the lobby as a bar, filling it with trash, and also the noise in the early hours of the morning reported by the owners of the adjacent apartments.\u201d<\/p>\n<\/blockquote>\n\n

These circumstances made it clear that this was not merely an isolated instance of inconvenience, but rather a series of incidents that were disrupting the community\u2019s normal coexistence.<\/p>\n\n

In disputes over vacation rentals, issues such as noise, parties, misuse of common areas, safety concerns, or the constant presence of people who do not reside in the property may be relevant in supporting a cease-and-desist action or a complaint regarding the improper use of the dwelling.<\/p>\n\n

Annoying and Harmful Activity<\/h2>\n\n

Finally, the ruling concluded that the activity carried out on the properties had a significant impact on the neighbors:<\/p>\n\n

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\u201c[\u2026] it is clear that the activity taking place in the building is disruptive, in that incidents occur periodically within the homeowners\u2019 association\u2014some of greater significance, others of lesser\u2014that disrupt normal coexistence and the expectations of peace and security associated with the use of one\u2019s primary residence,\u201d and even if only \u201cnoise were produced in the property, the harm caused to the neighbors cannot be considered merely a nuisance but rather harmful.\u201d<\/p>\n<\/blockquote>\n\n

The rationale behind the ruling is particularly significant because it links tourism-related activity not only to isolated disturbances but also to the disruption of reasonable expectations of rest, safety, and peaceful coexistence that are characteristic of a primary residence.<\/p>\n\n

In this context, ceasing the activity may be considered an appropriate measure when it is established that the use of the residence for tourism purposes causes actual and ongoing disruption to the other owners or residents.<\/p>\n\n

Homeowners’ Associations and Vacation Rentals<\/h2>\n\n

Conflicts over vacation rentals<\/strong> in homeowners’ associations can arise either because of a prohibition in the bylaws or because of activities that are disruptive, inconsiderate, or harmful to the community.<\/p>\n\n

In the absence of an express prohibition, the analysis may focus on the specific use of the dwelling and on evidence of the resulting disturbances. Therefore, the homeowners\u2019 association\u2019s actions must be orderly, documented, and legally sound. <\/p>\n\n

The homeowners’ association may need advice to assess whether there are sufficient grounds to take action, what evidence should be gathered, what community resolutions should be adopted, and what legal actions can be taken against the property owner or the operator of the business.<\/p>\n\n

Up-to-date information on vacation rentals and homeowners’ associations<\/h2>\n\n

For more up-to-date information on vacation rentals<\/strong>, homeowners\u2019 associations, licenses, the use of residential properties for tourism, and neighborhood disputes, please see other content from IN DIEM Abogados<\/strong> on vacation rentals and homeowners\u2019 associations<\/strong><\/a>, or request a consultation with IN DIEM<\/strong><\/a> to analyze your specific case.<\/p>\n\n\n