The Supreme Court upholds the veto of ‘tourist apartments’ in neighborhood communities that prohibit the use of economic activities

2023-12-12 15:00:00
The Civil Chamber of the Supreme Court has issued two rulings in which it upholds the veto of ‘tourist apartments’ in communities of owners that expressly prohibit in their statutes the use of homes to carry out an economic activity. The court considers in this regard that the rental of housing for tourist use is an economic activity. The court clarifies that in none of the cases examined is it a question of applying the new regulation of the Horizontal Property Law, which provides that the agreement that limits or conditions the exercise of this activity will require the favorable vote of three-fifths of the total of the owners, but to determine whether in the community statutes there is a prohibition on allocating the apartments for tourist use…
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