Guide

My homeowners' association wants to ban my short-term rental: what does the law say?

Since April 2025, the reform of the Ley de Propiedad Horizontal lets homeowners' associations approve or ban tourist use by a 3/5 majority. Here's what that means.

Last updated: 6 Jul 2026

The reform that changed the rules

In April 2025, a state-level reform of the Ley de Propiedad Horizontal introduced an important change for short-term rentals in residential buildings: to start a new tourist rental activity in a unit, express approval from the homeowners' association is now required, by a 3/5 majority. That same majority also lets the association expressly ban tourist use, even against owners who were already running it.

This has turned the homeowners' association into a real gatekeeper over short-term rentals — something that, before the reform, depended almost entirely on regional and municipal rules.

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How it connects to regional rules

Several regions have already folded this requirement into their own registration process. For example, both Madrid and Andalusia require express, written consent from the homeowners' association (3/5 majority) as part of the responsible declaration process — without that consent, the regional registration isn't complete. It's a clear example of how the state-level LPH reform and regional tourism rules reinforce each other, rather than being independent pieces.

The three possible scenarios

Your association has approved tourist use: you're covered on this point.
Your association has expressly banned tourist use: operating against that decision can lead to a formal notice or legal action — this isn't something you can ignore.
The topic has never been discussed: that doesn't mean you're safe. It's worth getting ahead of it, since any owner can bring it to a meeting and trigger a vote in the future — and the reform makes clear that the majority needed to ban it is achievable (3/5, not unanimity).

What to do now

If your situation with the homeowners' association isn't clear, it's better to raise it proactively than to find out through a notice. Check it HERE in 2 minutes: free, you'll only answer 8 questions and we'll tell you where you stand on this point and on the rest of your compliance. (No account needed, no private data).

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Frequently asked questions

Can my homeowners' association ban short-term rentals in my unit?+

Yes. The state-level reform of the Ley de Propiedad Horizontal (April 2025) lets the association expressly ban tourist use by a 3/5 majority, and that ban also applies to owners who were already running the activity.

Do I need the association's authorization to start renting?+

To START a new tourist rental activity in a residential building, yes: express approval from the homeowners' association by a 3/5 majority is required. Several regions (Madrid, Andalusia) already require it as a condition of their own registration process too.

What happens if my association has never discussed the topic?+

Not being banned isn't the same as being approved. It's worth getting ahead of it, since the topic can come up at a meeting at any time and lead to a future ban.