Royal Decree Law 21/2018 of December 14, 2018 comes into force and modifies three aspects 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 aid that is at least 75% of the total costs of the total. (Art. 10.1b)
And the one that we are going to deal with in this article, which is: that for houses for tourist use, the qualified majority of 75% of the total is specified, 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 share of common housing expenses, which must be within the framework of the sectoral regulations that regulate the exercise of this activity and the regime of uses established by the urban planning instruments. and territorial. (Art. 17.12)
Point 12 is added to article 17 of the Horizontal Property Law:
’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 it involves a modification of the constitutive title or the bylaws, will require the favorable vote of three fifths of the total owners who, in turn, represent three fifths of the participation quotas. Likewise, this same majority will be required for the agreement that establishes special expense quotas or an increase in the share of the common expenses of the dwelling where said activity is carried out, provided that these modifications do not suppose an increase of more than 20%. . These agreements will not have retroactive effect.’
This is the modification of the Law that many communities of owners were waiting for, the one that allows them to prohibit or regulate and also establish special quotas for the houses in which this activity is carried out.
Special attention to:
a) It does not have retroactive application.
b) Requirement of 3/5 (75%) of the total, which means that absentees must be counted at the Meeting being held, in which the regulation is intended to be approved. It will have to notify the absent owners, as established in art. 17.8, so that within 30 days from 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 Property so that it is also effective for future home buyers in said community, as specified in art. 5.3 of the LPH.
