The Supreme Court had to clarify whether the ban should be passed by a three-fifths majority or by unanimity. The TS emphasizes that if the three-fifths majority is not admitted, a vote against the owner of the apartment in which the activity is to be carried out would be sufficient to prevent the approval of the agreement.
The Supreme Court’s plenary session has issued two rulings declaring that owner communities can ban the activity of tourist rental through agreements adopted by a three-fifths majority at the meeting.
The Chamber ruled on the case for the first time in two judgments dated September 25 decree of 2019 urgent measures regarding housing and rent.
What the Supreme Court has clarified is whether the ban on tourism activities outlined in the Urban Leases Law (LAU) should be adopted by a three-fifths majority or by unanimity from the owners.
The Supreme Court considers allowing the veto with that three-fifths majority to be a proportional measure; Moreover, it emphasizes that If this three-fifths majority is not accepted, a vote against the owner of the apartment in which the activity will be carried out would be sufficient to prevent the conclusion of the agreement..
The magistrates consider the prohibition in the statutes of a community of owners on the rental of properties for tourist use to be lawful. The ban on the use of private elements in the horizontal property regime is legitimate and in accordance with the Constitutionadds the Supreme Court, which refers to the doctrine that has already been challenged by the Constitutional Court.
The 2019 law justifies the adoption of urgent measures given the difficulties in accessing rental housing due to the increase in rental prices, an increase due, among other things, to the growing phenomenon of tourist rental housing.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
