Community Lawyers

The proliferation of holiday rental properties (VFTs) in Seville city centre and historic districts has led to serious cohabitation problems. Recent case law from the Supreme Court has clarified the rules of the game.

New communities Promoter

The most effective route is preventative: the inclusion of a statutory clause expressly prohibiting tourist activities in the Constitutive Title (Horizontal Division) by the developer before selling the flats.

Existing communitiesThe 3/5ths Compromise

Article 17.12 of the LPH allows the Community to limit or condition tourism activity with the favourable vote of the 3/5 parts of the owners (representing 3/5 of the shares).
The Legal Nuance There is a doctrinal debate as to whether «restricting» is equivalent to «prohibiting». At FA Abogados, we draft the owners’ meeting resolution to safeguard it against challenges, setting special contribution rates (up to 20% more) or strict internal regulations.

The cease and desist action (Article 7.2 LPH)

If an existing tourist flat is causing proven nuisance (noise, damage, comings and goings at unsociable hours), we do not need unanimity. We are initiating civil proceedings for an injunction in the Courts of Seville.
Possible result The Judge can order the definitive cessation of tourist activity and even deprive the owner of the use of the dwelling for up to 3 years.

Debt recovery Community: The Monitoring Process

Do not let debts become statute-barred. The Horizontal Property Monitorio procedure is an agile tool for recovery.

The Certificate of Debt (Special Notification)

It is vital to approve the debt settlement at the Owners' Meeting, officially notifying the defaulter of the minutes (registered mail with text certification). Without this formal step, the Judge will dismiss the lawsuit.

Demand in Seville

We are submitting the initial petition for a Monitorio [payment order] to the Court of First Instance at the property's domicile. We are providing the Administrator's certificate with the President's approval.

Embargo And the actual condition

If the debtor does not pay or object within 20 days, we request the Writ of ExecutionAccount freezes, payroll and AEAT (Spanish Tax Agency) refunds.
Remember: If the defaulter sells the flat, the debt for the current year and the 3 preceding years «follows» the property. The new buyer is liable with the property itself (Real Affection).

Case studies Of horizontal property

«The Party Airbnb (Historic Centre)

• The Problem: Legally registered but problematic tourist flat. Parties every weekend, vomit in the building entrance and broken locks.
• The Strategy: Collection of evidence (police reports, notarial deeds of noise complaints) and filing of an injunction for annoying and unhealthy activities.
• The Result: Judicial decision in favour of the claimant, ordering the cessation of tourist activity and deprivation of use of the flat for 2 years.

«The Professional Delayer (High-End Car)

• The Problem: Neighbour who owed €6,000 in ordinary fees and special assessments, claiming insolvency while driving a luxury vehicle.
• The Strategy: Full asset investigation. We request the seizure of the vehicle and the repayment of income tax.
• The Result: Full payment of the debt, plus interest and court costs, before the car auction.

«Illegal works on the facade»

• The Problem: The penthouse owner closed off the terrace and altered the facade's aesthetic without the Community's permission (alteration of a common element).
• The Strategy: Claim for positive obligation (demolition) due to alteration of common elements without unanimity.
• The Result: Order to demolish the work and restore the terrace to its original condition.

Estate Agent versus. Community Lawyer

Don't confuse roles. The Administrator is the manager; we are the legal enforcement arm.