NEW COURT RESOLUTION: A COMMUNITY OF OWNERS IS CONVICTED FOR HAVING PROHIBITED VACATION RENTALS

NEW COURT RESOLUTION: A COMMUNITY OF OWNERS IS CONVICTED FOR HAVING PROHIBITED VACATION RENTALS

Through this article we are going to inform you of a novel Judgment: A community of owners is condemned for having prohibited vacation rentals.

The truth is that the Court of First Instance No. 1 of Córdoba, in a recent Judgment addresses this matter, clarifying that DEPENDS on the situation in which we find ourselves, the Community of Owners may or may not limit said vacation rental.

The Judgment provides that, although article 17.12 of the LPH establishes the possibility of limiting vacation rental activity through the vote of three-fifths of the total owners, this is not always the case: it cannot be prohibited general and unjustified an activity that is legal and lawful.

The resolution reminds us that the right to private property and freedom of enterprise are fundamental rights and cannot be restricted except by law.

Consequently, this particular Judgment clarifies that any agreement of the Community of Owners that limits said rent without justified reason, will be null in any case.

At ToscanoLex we are specialists in Civil Law and Real Estate Law. If you hace problems managing your vacation rental, or have seen your rights as a property owner limited, we can help you. We are specialists!

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