How One Community President Took Control of the Tourist Rental Issue – and Won

When Emma, a British owner in a coastal Spanish community, accepted the role of president she didn’t expect conflict. But within months, complaints about noisy short-term rentals were piling up and the administrator refused to call an Extraordinary General Meeting to address the issue. Owners were frustrated, finances were in deficit, and Emma felt powerless.

With our guidance, she reviewed the community bylaws, discovered that short-term tourist letting was classified as a business activity and therefore prohibited, and gathered signatures from 25 % of the quotas. We prepared the notices, convened the EGM directly and drafted clear resolutions. The community voted to enforce the existing ban and to initiate action against persistent offenders. Within weeks, disturbances decreased and the administrator was replaced by one aligned with the community’s interests.

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Tourist Rentals + Uncooperative Administrators: A Common Challenge for Community Presidents

Many expat presidents of Spanish communities face the same double challenge:

1. Tourist apartments increasing wear, noise and costs.
2. A disengaged or uncooperative administrator who delays meetings or provides incomplete information.

Typical situations we see:

• Bylaws mentioning “residential use” but not explicitly addressing tourist rentals – leaving presidents unsure whether they are allowed or not.
• Owners demanding limits or surcharges on short-term rentals.
• Administrators who ignore formal requests to convene an EGM or include key items on the agenda.
• Agreements adopted without the right majority and later challenged in court.

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How We Help Community Presidents

At Costaluz Lawyers we specialise in guiding community presidents – especially in expat-heavy developments – through these legal and procedural obstacles:

• Bylaw and legal review to clarify whether tourist rentals are already prohibited as a business activity and what majorities apply to limit, condition or surcharge them.
• Direct support to the president so you know exactly what you can require of the administrator under the Horizontal Property Law.
• Preparation and convening of Extraordinary General Meetings when the president or administrator fails to act, ensuring notice, agenda and quorum comply with the law.
• Drafting of resolutions and minutes to limit, prohibit or apply surcharges on tourist rentals with the correct majority and to avoid future challenges.

Our goal is that community presidents can manage tourist rental issues with legal certainty even when their relationship with the administrator is difficult, and that decisions adopted are clear, enforceable and defensible.

If you are a president facing problems with tourist rentals and an uncooperative administrator, contact us. We will guide you step by step so you can fulfil your role with confidence.