In these recent rulings, the Supreme Court has issued a relevant decision that directly affects homeowners in Catalonia. The court has reaffirmed the prohibition of 'tourist flats' in homeowners' communities that expressly veto economic activities in their statutes. This decision highlights the importance of statutory restrictions and their specific application to local cases.
In the first case, the community of owners of the building "La Jirafa Élite" in Oviedo was recognised to have the right to veto tourist rental activity in two of its flats, based on statutory prohibitions reserving the exclusive use of dwellings for residential purposes.
As for the second case, involving homeowners in San Sebastian, the court upheld the prohibition set out in the building regulations and in the sale and purchase contracts. This decision highlights the need to follow local provisions and underlines the status of economic activity in the rental of dwellings for tourist purposes.
These rulings underline the importance of knowing and respecting statutory restrictions in Catalonia, especially when it comes to activities such as tourist rental. It is essential for landlords to understand local regulations and ensure that their activities comply with the legal requirements in force. The Supreme Court decision highlights the clarity needed in the statutory prohibitions and provides guidance for landlords considering economic activities in their dwellings.
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