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TOURIST APARTMENTS AND THE ROYAL DECREE LAW 21/2018 OF 12/14/2018 - AF gestifinc - Blog
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Royal Decree Law 21/2018 of December 14, 2018 comes into force and there are three aspects that it modifies in the Horizontal Property Law:

- The amount of the reserve fund is increased to 10% of the last regular budget. (Art. 9.1.f)

- The obligation to carry out accessibility works is extended if the community is eligible for grants that are at least 75% of the total costs of the total. (Art. 10.1b)

And of which we are going to occupy in this article that is: that for the houses of tourist use, it is specified the qualified majority of 75% of the total, as necessary so that the Communities of Owners can limit or condition the exercise of the activity as tourist accommodation. Also so that they can establish special quotas or increase in the participation of the common expenses of the housing, which must be within the framework of the sectoral regulations that regulate the exercise of this activity and the regime of uses established by urban planning instruments and territorial. (Art 17.12)

Article 12 of the Horizontal Property Law is added item no. 12:

'12 The agreement that limits or conditions the exercise of the activity referred to in letter e) of article 5 of Law 29/1994, of November 24, on Urban Leases, in the terms established in the tourism sector regulations , whether or not modifying the constitutive title or bylaws, will require the favorable vote of three-fifths of the total of the owners who, in turn, represent three-fifths of the participation fees. Likewise, this same majority will be required for the agreement establishing special expense quotas or an increase in the share of the common expenses of the home where 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.'

This is the modification of the Law that many communities of owners were waiting for, which allows them to prohibit or regulate and also establish special quotas for the houses in which this activity is exercised.

Special attention to:

a) It does not have a retroactive application.

b) Requirement of 3/5 (75%) of the total, means that the absentees must be counted in the Board that is being held, in which the regulation is to be approved. It will notify the absentee owners, as established in art. 17.8, so that within 30 days of the notification they can vote against, otherwise it will be understood that their vote is in favor of what was approved in the Meeting.

c) It must be registered in the Public Registry of the Property so that it also affects future buyers of houses in said community, as specified in art. 5.3 of the LPH.

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Gabriel Miró 12, 1º piso
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