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New Horizontal Law 2019 - Page 2

Nakabandi

Posted: Mon Jul 29, 2019 6:00pm

Nakabandi

Helpful member

Posts: 187

98 helpful points

Location: Javea / Xàbia

Joined: 7 Jul 2019

Posted: Mon Jul 29, 2019 6:00pm

That may well be true but by you posting it here all owners are aware. Visitors (friends and family) have non paying contracts.

Angela Rippon has no jurisdiction in Spain.


mack

Posted: Mon Jul 29, 2019 8:43pm

mack

Helpful member

Posts: 246

256 helpful points

Location: Playa Flamenca

Joined: 28 Jan 2018

Posted: Mon Jul 29, 2019 8:43pm

We are having  a agm next month and this is on the agenda also there is a quite a few holiday let's there and advertised on the usual holiday sites so I take it they have a licence does this mean if the vote goes the wrong way those letting there apartment out can get stopped my family only use my place just now but would look to let out in a few years after getting a licence 

Davebev1

Posted: Mon Jul 29, 2019 9:22pm

Davebev1

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Posts: 1588

2237 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Mon Jul 29, 2019 9:22pm

The new law is not retrospective, so anyone who already has a license can continue to let to tourists.  However a community could vote to not allow any new licenses on their community.  Presumably the community have to notify the Town Hal so no future Certificates of Compatibility would be issued for that community.

Properties let for mid-term don't need a license and long term lets are also unaffected too.  

Anyone who is allowing their family to use the property for free is also unaffected.  If they charge their family (even a nominal amount) then the owners still need a license (and insurance) and to register the guests with the Guardia Civil.

Davebev1

Posted: Mon Jul 29, 2019 10:49pm

Davebev1

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Posts: 1588

2237 helpful points

Location: Playa Flamenca

Joined: 7 Nov 2017

Posted: Mon Jul 29, 2019 10:49pm

This post that was quoted has been deleted.

The final words of section 17.12,  "Estos acuerdos no tendrán efectos retroactivos."  This appears to relate to tourist letting.  But maybe we need a qualified lawyer to interpret.

Thenomads

Posted: Tue Jul 30, 2019 3:28am

Thenomads

Original Poster

Posts: 65

13 helpful points

Location: Punta Prima

Joined: 31 Jan 2018

Posted: Tue Jul 30, 2019 3:28am

Thanks Jim .Unfortunately my Spanish is not good enough to understand the text and Bing will not give the needed accuracy.

Anything in English.

Should future rentals be banned in the Upcoming AGM My properties value will obviously be reduced ,will i be able to claim from the community for loss of income / value when I come to sell?

The added 20%community fee is also unfair as those owners who live on the complex have all year access to the amenities whilst owners/renters do not.

The vast majority of problems are also blamed on the "RENTALS" .Of the last 4 problems we've had on our complex 3 of them we caused by owners/children and the last was never sorted out .

For info we do Rent out and have all the licenses . 

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jimtaylor

Posted: Tue Jul 30, 2019 4:41am

jimtaylor

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Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Jul 30, 2019 4:41am

Google Translate and DeepL both give good translations.

12. The agreement limiting or conditioning the exercise of the activity referred to in letter e) of article 5 of Law 29/1994, of 24 November, on Urban Leases, in the terms established in the tourism sector regulations, whether or not it entails modification of the constituent title or of the statutes, shall require the favourable vote of three fifths of the total number of owners who, in turn, represent three fifths of the participation quotas. Likewise, this same majority will be required for the agreement establishing special expenditure quotas or an increase in the share of common expenses of the dwelling where the said activity is carried out, provided that these modifications do not imply an increase of more than 20%. These agreements will not have retroactive effects.

jimtaylor

Posted: Tue Jul 30, 2019 2:19pm

jimtaylor

Legendary helpful member

Posts: 5612

8739 helpful points

Location: Mudamiento

Joined: 2 Feb 2017

Posted: Tue Jul 30, 2019 2:19pm

Hi Pete, that's exactly the way I interpret it. If you've already got a tourist license then you can continue to let out the property, and you won't be subject to an increase in community fees if there's an agreement to allow letting.

Andrew65

Posted: Tue Jul 30, 2019 10:45pm

Andrew65

Very helpful member

Posts: 728

672 helpful points

Location: La Marina

Joined: 29 Dec 2016

Posted: Tue Jul 30, 2019 10:45pm

I can't see our "committee" policing anything, the pool gate hasn't been fixed in three months. The owners who have holiday homes actually subsidise the permanent residents, after attending our AGM it's quite obvious that the residents gave no regard for the opinions of the non residents and are able to vote through anything they want with their cabal of proxy votes.

Brido

Posted: Wed Jul 31, 2019 12:13pm

Posts: 38

29 helpful points

Location: Algorfa

Joined: 29 Mar 2016

Posted: Wed Jul 31, 2019 12:13pm

Totally agree with you on this on our community the permanent residents force through changes with no consideration to non residents in fact at this year's AGM they tried to take a vote on a matter raised by a resident who hadn't paid dues for over 2 years and when I said this wasn't allowed they tried to force it through and when I asked them what action was being taken on bigger problems like non payers was given the usual guff Spanish law blah blah or why are we paying a fortune on repairs to garage door every year when everybody knows it is damage caused by one resident as there is more of her cars paint on the door than is left on her car

Andrew65

Posted: Wed Jul 31, 2019 12:26pm

Andrew65

Very helpful member

Posts: 728

672 helpful points

Location: La Marina

Joined: 29 Dec 2016

Posted: Wed Jul 31, 2019 12:26pm

I was also shocked by their blatant racism towards other nationalities, I won't be attending any more meetings.

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