{"id":3365,"date":"2025-08-18T12:32:34","date_gmt":"2025-08-18T10:32:34","guid":{"rendered":"https:\/\/www.martin-properties.com\/?p=3365"},"modified":"2025-08-18T12:37:27","modified_gmt":"2025-08-18T10:37:27","slug":"legal-updates-for-homeowners-associations-from-april-2025","status":"publish","type":"post","link":"https:\/\/www.martin-properties.com\/en\/legal-updates-for-homeowners-associations-from-april-2025\/","title":{"rendered":"Legal updates for homeowners\u2019 associations from April 2025"},"content":{"rendered":"\n

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\u2019 associations. This reform brings key implications for property owners, residents\u2019 associations, and professionals responsible for managing communities in Marbella, such as Martin Properties.<\/p>\n\n\n\n

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.<\/p>\n\n\n\n

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Contact a community manager<\/strong><\/a><\/div>\n<\/div>\n\n\n\n

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What does the new regulation say about tourist rentals?<\/h3>\n\n\n\n

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\u2019 association<\/strong>. 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.<\/p>\n\n\n\n

1. Mandatory consent from the community<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

This measure empowers communities, allowing them to decide collectively on the use of shared properties.<\/p>\n\n\n\n

2. Faster updating of community statutes<\/h4>\n\n\n\n

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.<\/p>\n\n\n\n

This will allow communities to adapt more quickly and efficiently to the realities they face.<\/p>\n\n\n\n

3. Protection for coexistence and shared spaces<\/h4>\n\n\n\n

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\u2019 quality of life.<\/p>\n\n\n\n

Under the new law, communities can act more swiftly and effectively to prevent such situations.<\/p>\n\n\n\n

How does this reform affect the management of homeowners\u2019 associations and properties?<\/h3>\n\n\n\n

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\u2019 interests.<\/p>\n\n\n\n

Responsibilities for property owners<\/strong><\/p>\n\n\n\n

Those wishing to rent their property as a tourist flat must:<\/p>\n\n\n\n