Can the Community of Owners stop you renting out your property?
Posted: 26 June 2007 10:46 PM  
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We bought a newly developed apartment 3 years ago for both rental and own use. Then after about a year a community was formed with president, commitee etc etc.
Recently they have told us that the community who attended the last annual meeting (4 owners out of 20) that we cannot rent out our apartment to anyone anymore.
This surely cannot be the case as when we bought the house there was no community and secondly no rules have been broken to our knowledge.
Can the community make such a LEGAL decision as we feel it is outside there remit and as we have had no prior notice or letters or complaints either in writing or verbally how can anyone vote on what they can do inside my property.

Your comments would be much appreciated as we are extremely upset by this and feel victimised.

Thanks R and S

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Posted: 28 June 2007 12:00 PM   [ # 1 ]  
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As far as we aware no community is able to make a No renting rule - this in fact goes against the government which has just relaxed the taxation laws on rental income so as to encourage landlords to let more property given the current rise in mortgage rates deterring people from buying. Albeit that aimed more at long term letting as against short term holiday lets.

It may be an idea to ask why they made the rule. Have your tenants been breaking other community rules (noise, late swimming etc ??). If you have a proper company doing the community administration alongside the community committee they should be able to advise you that this rule is not enforceable.

It is always best to try and work with and be involved in the running of your community to save these problems arising - although I know thats not always easy given (I assume) you are still living in the UK.

Good luck.

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Rob
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Selling legal property on the Costa Blanca

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Posted: 10 July 2007 11:56 AM   [ # 2 ]  
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Unless there was a specific clause in the deeds forbidding renting or letting then it is unlikely to be a legally binding issue.  You may find the following experienced English lawyers of help they deal with all manner of things for expats in Spain.
http://www.costablancalawyers.com

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Based in Benidorm always happy to help if you need any information about the town or the Costa Blanca. Author of the local Real Benidorm Holiday Guide at Real Benidorm Guide

English Solicitor - Costa BLanca

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