The Plenary of the Supreme Court, in its Ruling no. 1233/2024 dated October 3, 2024, settles the controversial issue regarding the interpretation of Article 17.12 of the LPH (in its new wording after the reform carried out by Royal Decree-Law 7/2019 of March 1, on urgent housing and rental measures) concerning the majorities necessary to agree in the Meeting of owners on the prohibition of using dwellings as tourist apartments.
The Plenary of the Supreme Court is aware of the existing problems regarding the rise of holiday rentals and the increase of tourist apartments in residential communities of owners. It establishes a uniform interpretative criterion that admits the legality of establishing restrictions or prohibitions on the use rights of flats or premises in a community of owners’ regime. In this way, the Supreme Court considers that prohibiting or limiting the use for tourist rentals constitutes a legitimate prohibition.
However, this limitation or prohibition must be agreed upon by the reinforced majority of favorable votes established in Article 17.12 of the LPH, meaning the favorable vote of three-fifths of the total number of owners who also represent three-fifths of the participation quotas.
