Our legislators have not agreed and finally the Law that regulated in some aspects, and that we had already commented on in our blog, is annulled (see article) , the tourist apartments in Communities of Owners.
A Royal Decree Law enters into force at the time it is published in the BOE, but it must be ratified by Congress within 30 days, well, that is how long this Law has lasted 21/2018, of December 14 in our legal system.
However, there is a paradox that during the short period of validity of this Law, the agreements of the communities and the contracts that have been formalized in said period (from 12/19/2018 to 01/21/2019) do They must be regulated in those aspects that were in force, such as: lease contracts, Community agreements prohibiting the development of the tourist rental activity that were approved in accordance with the majorities and established requirements, etc.
It must be taken into account that, the majority doctrine defends the validity of the law during its period of validity, without prejudice to the existence of some doctrinal sector that defends its absolute nullity, and therefore, said acts celebrated during the validity of the Decree-Law, are fully effective, without prejudice that as of the repeal, the applicable law returns to the previous one.
In short, at AF gestifinc we believe that these circumstances confuse citizens. We trust that in the near future, we will be able to have a norm that regulates and attends to the rights of all those who participate in this phenomenon of TOURIST RENTAL, which being an important part of the economy of this country today, raises problems of coexistence that must also be taken care of.
Repeal of the Law that regulated tourist apartments in communities
Por Gestifinc // March 23