Company lettings

Posted: Sun Nov 24, 2019 3:02pm

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We have voted on our community to stop tourist rentals, however, there is a company that owns 4 property on our community....the problems we have are usually always from the guests that this companies employees have stay.

They turn over is usually every week for 52 weeks for all properties.

The spokes person for the COMPANY...states he is not renting he does not need a license!!! That everyone that stays are owners as it's a union.

Can anyone let me know if what he is saying is correct or is he pulling a fast one ?

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Posted: Sun Nov 24, 2019 5:21pm

killjoy

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Posted: Sun Nov 24, 2019 5:21pm

Comunitie's competences end at the doorstep of any property. The "Ley de la Propiedad Horizontal" apply rendring any other agreements, votations etc. null and void.

Posted: Mon Nov 25, 2019 5:08am

jimtaylor

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Posted: Mon Nov 25, 2019 5:08am

Unless Davebev1 can answer your question, I think you need legal advice, and I can only offer an opinion.

There are several laws that cover letting but, for example, one says

'All residential establishments that provide their services exclusively to specific communities, such as residences for students, residences for the elderly, youth facilities, environmental activities and the like, are excluded from this regulation.'

If the owner is correct and the guests are members of of a specific group then this could be his get out. On the other hand, if those guests are paying for their stays, then this is tourist activity and it could be argued that a license is required. It all depends on exactly what is the set up of the company and on legal definition of where in the legislation such activity is covered or excluded.

Posted: Mon Nov 25, 2019 4:30pm

Erica

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Posted: Mon Nov 25, 2019 4:30pm

Never thought before. ! Time sharing houses possibly more lucrative than renting.

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Posted: Tue Nov 26, 2019 12:13pm

Davebev1

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Posted: Tue Nov 26, 2019 12:13pm

jimtaylor wrote on Mon Nov 25, 2019 5:08am:
Unless Davebev1 can answer your question, I think you need legal advice, and I can only offer an opinion.
There are several laws that cover letting but, for example, one says

Read more...

'All residential establishments that provide their services exclusively to specific communities, such as residences for students, residences for the elderly, youth facilities, environmental activities and the like, are excluded from this regulation.'
If the owner is correct and the guests are members of of a specific group then this could be his get out. On the other hand, if those guests are paying for their stays, then this is tourist activity and it could be argued that a license is required. It all depends on exactly what is the set up of the company and on legal definition of where in the legislation such activity is covered or excluded.

I am with Jim on this one. There is not enough information known to say what the situation is. However I would have thought the administrator would know. If, as they claim, a number of people are shareholders/partners in a company and have purchased the houses through the company then technically they are not renters as not paying any rental. Definitely would need a lawyer to look over their set up to know for sure, but not sure how you would force them to produce those documents.