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Can family stay as guests in our property? - Page 2

Davebev1

Posted: Sat Jul 30, 2022 12:27am

Davebev1

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Location: Playa Flamenca

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Posted: Sat Jul 30, 2022 12:27am

Bee2 wrote on 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 wher...

...e 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%5D-7242198521@3-%5B20220729110157%5D

Bee

Agree that it is totally up to the owner if family has free use of the property. I cannot see how any community can say an owner cannot have personal guests staying at their property, either with or without the owner present.  Presidents are there to serve to community not to dictate to other owners, (however from comments made in various threads it seems some presidents may need reminding of that!)

Just to clarify your last point. In Valencia a community can vote at an AGM to restrict the issue of any new Tourist Licenses in the future, they cannot remove existing ones or stop those in progress at that point. Town Halls issue the Compatibility Certificate only, which is one of the documents required for the Licensing application, and they have the ability to restrict number of Certificates and locations for which they will issue them. A Town Hall would not issue a Certificate for a property on a community which has already passed a rule through the AGM to prohibit future Licenses. 

Not having a License does not stop owners from having family or friends use the property for free.

Cwaller

Posted: Sun Jul 31, 2022 4:08pm

Posts: 12

3 helpful points

Location: Villamartin

Joined: 4 Sep 2021

Posted: Sun Jul 31, 2022 4:08pm

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. 

Christ almighty, has it really come to this, that you have to run it past the president for permission to let your family and friends use your own property. I expect the poor president is overloaded with door knockers as it is without another lot of issues to worry about!

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