New Horizontal Law 2019

Have a look at article 17 paragraph 12 of the consolidated horizontal property law:

https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906

Paragraph 12 was added by Real Decreto-ley 7/2019.

You can vote for anything you like but enforcing it is another matter.

That's the way I read it, Pete. 

Sounds perfectly reasonable to me. I've known residents on a community who were fed up with the disruption caused by holiday tenants, and the increase of community costs they caused, like increased cleaning and pool maintenance.

I also consider the reference to participation to mean that it's not just a simple one vote per property. For example, if one property is twice as big as another, then the owner of the larger property effectively has two votes against the smaller property's one.

Would the Ayuntamiento not take the community's decision into account when deciding if the property was compatible?

One of the problems here is who is holiday lets and who is friends and family. It might be obvious but prove it. Properties on holiday lets platforms don’t list the address.

Hi why increase the community fees for holiday rentals as I'm sure these properties will not be used 52 weeks a year unlike permanent residents who have use of the facilities all year and in my experience are the worst at paying the fees

This looks as confusing as it will be to police.

Some form of control needs to be actioned, as certain communities are suffering massively at this time of year...how this can be done in reality is a very good question

If the community decide to allow holiday lets then policing shouldn't be necessary.

If the community refuse permission, then there are quite punitive sanctions in the law. Enforcement should in the first place be down to the president and administrator. I haven't checked the scope but, for example, a breach of planning permission can lead to the owner being banned from using the property.

And if someone lets out an unlicensed property, I'm sure that both GVA and Agencia Tributaria would take action if they were informed.

The problem here will always be the law vs enforcement. To enforce you need absolute proof and deep pockets, and that’s if you can get it into court in less than 3 years.

Hilda Ogden accusations of people coming and going is not absolute proof, have you got proof of money exchanging hands?