Immediate cessation of tourist apartment activities

Immediate cessation of Tourist Apartment activities.

The activity of tourist apartments, recently regulated, is in some cases generating coexistence issues among neighbors that are being brought before our courts.

Generally speaking, the Courts agree that “it cannot be concluded in the abstract that the existence of housing for tourist use represents an activity contrary to normal coexistence in the community; rather, it is necessary that the use made of it can be labeled as anomalous or antisocial, as a consequence of a series of behaviors or actions that deserve to be considered uncivil. However, this analysis must occur on a case-by-case basis” (TSJC).

IN DIEM Abogados already echoed this resolution on our Blog, which you can consult HERE.

In this regard, the aforementioned TSJC has issued a ruling confirming that homeowners’ associations can change their bylaws to prohibit tourist apartments, but it determines that this decision cannot affect an owner who acquired their apartment without any use restrictions if they already have an approved license.

Consequently, it is up to the Courts, depending on the facts of each case, to determine whether normal coexistence exists or—otherwise—if it is anomalous for the neighbors of the Homeowners’ Association, in order to conclude which measures to adopt.

Recently, as reported by the General Council of the Judiciary, the Court of First Instance No. 14 of Granada has ordered the “immediate” cessation of the activity of two tourist apartments.
The resolution considers that the activity of said tourist apartments was annoying and harmful. In this sense, the following tenor of said resolution should be highlighted:

“[…] it is a notorious fact that the use of common elements by eight hundred different people in two years (data provided by the defendant himself) evidently represents an abnormal use of community facilities; even if the probability of damage or inadequate or misuse of community elements were expressed only in terms of probability, it is high. If we also add that users lack co-ownership over these, so that their repair or replacement would not directly affect their own property, the care employed cannot be equated to that of the joint owners.”

“[…] the use of properties within a homeowners’ association for tourism, while coexisting with those who have their primary residence there, necessarily causes conflicts generated by the development of a commercial activity in spaces not specifically equipped for it.”

“[…] for the safety of the owners due to the delivery of access keys to the portal in relation to the number of occupants, as well as the need to call the local police because of ‘the party organized by some foreigners’ at four in the morning, incidents occurring on Friday, March 21 due to a farewell party, the use of the entrance hall as a cocktail bar filling it with waste, and likewise due to the noise late at night reported by the owners of the adjacent apartments.”

“[…] it is evident that the activity carried out in the property is annoying, insofar as incidents occur periodically in the homeowners’ association, of greater or lesser significance, which alter normal coexistence and the expectations of rest and security generated by the use of a primary residence,” and even if only “noise were produced in the property, the damage caused to the neighbors cannot be considered exclusively as annoying but as harmful.”

IN DIEM Abogados: Malaga, Seville, Madrid, Las Palmas de Gran Canaria, Huelva, Almeria…

In the practice of the specialty of Tourist Apartment Lawyer, we resolve problematic situations related to Administration, Taxation, Licensing, Sanctioning Proceedings, and Anomalous Uses of Tourist Apartments. In this regard, our goal is to provide our clients with maximum satisfaction. Currently, IN DIEM Abogados has offices in Malaga, Seville, Madrid, Las Palmas de Gran Canaria, Huelva, Almeria, etc. We are at your disposal for whatever you need. You can reach us via the IN DIEM Abogados Phone (+34) 901 900 071. In case of emergencies, you can reach us at the IN DIEM 24-Hour Emergency Lawyer Phone: (+34) 610 667 452.

You can also find us at our offices in Dos Hermanas, Mairena del Aljarafe, Mairena del Alcor, Estepona, Coria del Río, Tomares, etc.