In the Resolution dated December 1, 2021, the Spanish General Directorate of Legal Security and Public Faith has resolved an appeal filed against the registration of the modification of the statutes of a Community of owners, which had been suspended for not complying with the unanimity necessary for its adoption.
In response to the applicable regulations, the Horizontal Property Law, any modification of the statutes of a Community of owners requires unanimity, as it affects the constitutive title and implies obligations for all owners. However, there is an exception to this rule, introduced by Royal Decree-Law 7/2019, of March 1, according to which only a three-fifths majority of the total number of owners (representing three-fifths of the community participation quotas) to adopt agreements that limit or condition the exercise of what is known as rental or tourist exploitation of housing, that is, authorize tourist rentals in a building or regulate their inclusion in the community.
In the case in question, the appellants had introduced a new clause in the statutes, according to which “housing destined for tourist rental, professional or commercial activity would be taxed with an additional 20% to the amount of the quota that belongs to it, before the use and future maintenance of common areas for non-residence use”.
Said modification had been adopted by a three-fifths majority, relying on the aforementioned regulations regarding tourist rentals.
Analyzed the case by the General Directorate, it has concluded that in no case is the application of the aforementioned rule appropriate, since the statutory modification imposes certain obligations and prohibitions on the owners of all homes, not only those intended for tourist rental, also affecting to merchants and professionals.
Due to the foregoing, the appeal has been dismissed, warning the Community of owners that, in case of wanting to register the modification, it must be adopted unanimously.
