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Can family stay as guests in our property?

Posted: Tue Jul 26, 2022 8:49am
11 replies1078 views5 members subscribed
Mandy185

Posts: 3

1 helpful points

Location: La Marina

Joined: 26 Jul 2022

Hi, we are in the process of buying on La Marina (phase 1). I understand that the property cannot be let out to tourists. 

However, are there any issues with us allowing our parents to stay in the property when we are not there?  No money involved, they are our guests. 

On another forum, someone mentioned that we may need to inform the community president if we have guests. 

Many thanks 

elinspain

Posted: Tue Jul 26, 2022 8:57am

elinspain

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Posts: 2493

3313 helpful points

Location: La Mata

Joined: 4 May 2018

Posted: Tue Jul 26, 2022 8:57am

Hello

Family members can use your property for hollidays.......    as long as no  money is taken  it is not considered a holiday  rental which requires a Tourist Licence. I have never heard about adviding ccommunity president that you have family staying!

Cheers

Elinspain

Mandy185

Posted: Tue Jul 26, 2022 9:01am

Mandy185

Original Poster

Posts: 3

1 helpful points

Location: La Marina

Joined: 26 Jul 2022

Posted: Tue Jul 26, 2022 9:01am

elinspain wrote on Tue Jul 26, 2022 8:57am:

Hello

Family members can use your property for hollidays.......    as long as no  money is taken  it is not considered a holiday  rental which requires a Tourist Licence. I have never heard about adviding ccommunity president that you have family staying!

Cheers

Elinspain

Many thanks ElinSpain, that's really helpful. 

Darro

Posted: Tue Jul 26, 2022 9:06am

Darro

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719 helpful points

Location: Catral

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Posted: Tue Jul 26, 2022 9:06am

Strictly speaking visitors are only guests if you are there to host them but why not ask your community president?

Anne1939

Posted: Tue Jul 26, 2022 9:19am

Anne1939

Helpful member

Posts: 269

281 helpful points

Location: La Marina

Joined: 18 Aug 2020

Posted: Tue Jul 26, 2022 9:19am

Hi Mandy185

I’ve had a property on Phase 1 since 2006, never been an issue for family using it. 

I’ll private message you with the President’s contact details if you wish to clarify for your own piece of mind.

Kind regards 

Anne

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Mandy185

Posted: Tue Jul 26, 2022 9:25am

Mandy185

Original Poster

Posts: 3

1 helpful points

Location: La Marina

Joined: 26 Jul 2022

Posted: Tue Jul 26, 2022 9:25am

Anne1939 wrote on Tue Jul 26, 2022 9:19am:

Hi Mandy185

I’ve had a property on Phase 1 since 2006, never been an issue for family using it. 

I’ll private message you with the President’s contact details if you wish to clarify for your own piece of mind.

Kind regards 

Anne

Hi Anne, 

Yes, please can you send me the president's contact details as I would like to familiarise myself with all of the rules. 

Best wishes, 

Mandy

Davebev1

Posted: Tue Jul 26, 2022 9:18pm

Davebev1

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Posts: 1391

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Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Tue Jul 26, 2022 9:18pm

All owners should be aware of who is the current president of their community and contact details for the administrator. There could be a variety of reasons for you to need to contact them, or indeed for them to contact you. Community rules should have been provided to you by the administrators or president as soon as they were made aware of the new owners.

Regarding visitors, always worth having someone, neighbour or president, who knows when you have friends/relatives visiting so they know the people are allowed to be there, especially if you are not using a keyholding company to check on your property.

As others have already said, as you do not have a Tourist License, family and friends can legally only use the property entirely for free.

RichardH

Posted: Tue Jul 26, 2022 11:47pm

RichardH

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Posts: 256

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Location: Rojales

Joined: 9 Jan 2019

Posted: Tue Jul 26, 2022 11:47pm

Davebev1 wrote on Tue Jul 26, 2022 9:18pm:

All owners should be aware of who is the current president of their community and contact details for the administrator. There could be a variety of reasons for you to need to contact them, or indeed for them to contact you. Community rules should have been provided to you by the administrators o...

...r president as soon as they were made aware of the new owners.

Regarding visitors, always worth having someone, neighbour or president, who knows when you have friends/relatives visiting so they know the people are allowed to be there, especially if you are not using a keyholding company to check on your property.

As others have already said, as you do not have a Tourist License, family and friends can legally only use the property entirely for free.

What a load of c***p it’s your property, if you want your family to use it it’s nobody else’s business. 

Davebev1

Posted: Wed Jul 27, 2022 8:31am

Davebev1

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Location: Playa Flamenca

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Posted: Wed Jul 27, 2022 8:31am

RichardH wrote on Tue Jul 26, 2022 11:47pm:

What a load of c***p it’s your property, if you want your family to use it it’s nobody else’s business. 

I don't know why you are being rude. Totally unnecessary and not helpful to the person asking the original question. I did not say, nor has anyone else, that they cannot have family or friend use the property, nor did I say they need anyone else's permission to do so, so no idea why you are responding they way you have.

Bee2

Posted: Fri Jul 29, 2022 10:54pm

Bee2

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Posts: 144

106 helpful points

Location: Torrevieja

Joined: 19 Oct 2019

Posted: Fri Jul 29, 2022 10:54pm

Surely all non resident property owners are tourists. There have been court cases about these restrictive practices on the use of  property which have been found to be illegal. I am sure the Supreme Court will be asked to rule on it  in due course. You would need to see the Minutes where this condition was incorporated into the community statutes and what it says. You should be made aware of this restrictive practice before you complete the purchase of  your property. It's your home it's not one of those shared tourist properties run by a company. A Community President has no such powers assigned to them in law as to what guests you can have  in your property or getting their permission beforehand. A tourist licence is a different article altogether and relates to the commercial use of your property. Correct me if I am wrong but is it not the Town Hall who rules on whether this licence is granted or not to any property.

https://www.idealista.com/news/inmobiliario/vivienda/2022/07/27/798201-la-comunidad-de-propietarios-no-podra-prohibir-pisos-turisticos-segun-la-audiencia#xts=582065&xtor=EPR-1062-%5Bnews_weekly_20220729%5D-20220729-%5Bm-05-titular-node_798201%[email protected]%5B20220729110157%5D

Bee

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