Legal updates for homeowners’ associations from April 2025
Since April 2025, a significant amendment to Spain’s Horizontal Property Law has come into effect, directly affecting life in residential buildings, particularly the tourist use of homes and their homeowners’ associations. This reform brings key implications for property owners, residents’ associations, and professionals responsible for managing communities in Marbella, such as Martin Properties.
These new provisions respond to a growing need for regulation amid the rise of tourist rentals, especially in high-demand areas such as the Costa del Sol. Property management in Marbella and the Costa del Sol now faces new challenges, but also opportunities to improve neighbourhood coexistence and protect the interests of communities.
What does the new regulation say about tourist rentals?
One of the main legal changes is that, from April 2025 onwards, any owner wishing to use their property for tourist rentals must obtain the express consent of the homeowners’ association. This amendment aims to return control to communities over how properties within a building are used and to minimise conflicts that often arise from such activity.
1. Mandatory consent from the community
Prior to this reform, approval from the community was not required to convert a property into a tourist rental, except in certain regions with their own regulations. From now on, any owner wishing to rent out their property for tourist purposes must submit their proposal at a meeting and obtain the backing of a qualified majority of residents.
This measure empowers communities, allowing them to decide collectively on the use of shared properties.
2. Faster updating of community statutes
Another important aspect of the new regulation is that modifying community statutes has been made easier. Previously, changing the statutes required unanimity, which often made decision-making impossible. With this reform, a qualified majority is sufficient to introduce clauses that limit or regulate tourist rentals.
This will allow communities to adapt more quickly and efficiently to the realities they face.
3. Protection for coexistence and shared spaces
A major goal of this reform is to strengthen neighbourhood coexistence. Intensive tourist use of properties can cause noise, deterioration of common areas, increased traffic of strangers, and other issues affecting residents’ quality of life.
Under the new law, communities can act more swiftly and effectively to prevent such situations.
How does this reform affect the management of homeowners’ associations and properties?
Both property owners and property managers must adapt to this new legal reality. At Martin Properties, experts in property management in Marbella with extensive experience in community administration, we are already implementing measures to ensure compliance with the law and protect our clients’ interests.
Responsibilities for property owners
Those wishing to rent their property as a tourist flat must:
- Request that the topic be included on the agenda of a meeting.
- Present their proposal clearly.
- Ensure they obtain the legally required approval from the majority of residents.
- Respect the statutes and internal rules once permission is granted.
How can your community prepare?
- Inform residents: It is essential that all owners understand the scope of the reform.
- Review the statutes: If your community has not yet adapted its statutes, it is advisable to start this process as soon as possible to clearly establish the rules regarding tourist rentals.
- Work with a professional management company: Having a licensed, locally experienced property manager, such as Martin Properties, helps ensure regulatory compliance and prevents conflicts between residents.
