Every summer, thousands of residents on the Costa del Sol witness the same scene: suitcases rolling around at three in the morning, impromptu parties in tourist apartments, swimming pools transformed into private beach clubs, and building entrances resembling hotel lobbies. What just a few years ago was a complementary activity, relatively integrated into many homeowners’ associations, has now become one of the biggest sources of neighborhood conflict in municipalities like Málaga, Marbella, Fuengirola, Benalmádena, and Estepona.
The issue is no longer solely about tourism or economics. It’s a legal one. And above all, it’s a matter of coexistence.
Because behind the rise of tourist rentals lies an uncomfortable reality: many homeowners’ associations feel they have lost control of their building.
The real problem isn’t tourist accommodations… but their uncontrolled use.
It’s worth starting by dispelling a common misconception. Andalusian legislation does not consider tourist accommodation illegal. On the contrary, it is expressly regulated by Decree 28/2016, amended by Decree 31/2024, within the framework of Law 13/2011 on Tourism in Andalusia and Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service.
The problem arises when tourist activity becomes incompatible with the rest and ordinary coexistence of the residents.
Communities are reporting increasingly frequent situations:
- Constant noise and nighttime parties.
- Accelerated deterioration of elevators, swimming pools and common areas.
- Loss of security due to the continuous flow of strangers.
- Intensive use of community facilities.
- Repeated non-compliance with internal rules.
- The building feels “hotelized”.
In many cases, the owner does not even reside in the province, and management is left in the hands of exploitative companies that prioritize profitability over community.
And here arises the big legal question: what tools do communities really have to defend themselves?
The Horizontal Property Law is no longer neutral
For years there was a feeling that communities could do little to deal with tourist rentals. That has changed radically.
Article 17.12 of the Horizontal Property Law (LPH) currently allows communities of owners to limit or even prohibit tourist accommodation by agreement of three-fifths of owners and participation quotas.
This legal change has been a real turning point throughout Spain and especially in Andalusia, where the growth of vacation rentals has been explosive.
The legal key is important: the community does not need unanimity to act. With a reinforced majority of 3/5 it can:
- Ban new tourist accommodations.
- Limit the maximum number allowed.
- Establish specific operating conditions.
- Imposing special fees or increases in common expenses.
Furthermore, the jurisprudence of the Supreme Court has been consolidating an increasingly clear idea: the right of ownership is not absolute when it seriously affects neighborhood coexistence.
Andalusia tightens controls
The Andalusian government has also begun to acknowledge that the model needs limits.
Decree 31/2024 has strengthened the capacity for administrative control and, above all, has opened the door for municipalities to impose specific urban planning restrictions.
This has completely changed the landscape in cities like Malaga.
The Malaga City Council has already implemented restrictions in dozens of neighborhoods considered oversaturated, limiting new licenses and imposing much stricter urban planning requirements. In certain areas, separate access is even required for new tourist accommodations.
The legal interpretation is clear: the Administration no longer considers tourist rentals an unlimited activity.
And that has direct consequences for homeowners’ associations.
Summer multiplies conflicts
The Costa del Sol experiences a particularly delicate situation during the summer months.
Many buildings transition from residential living to a constant turnover of temporary occupants during July and August. In some tourist resorts, the number of visitors far exceeds that of permanent residents.
The result is usually predictable:
- Residents who temporarily leave their homes due to the inability to rest.
- Communities forced to increase cleaning and maintenance expenses.
- Property managers overwhelmed with complaints.
- Community presidents facing daily conflicts.
And from a legal standpoint, another very relevant phenomenon appears: the abuse of rights.
Because a legal tourist accommodation can also become a nuisance if it causes constant disturbances to the peace and quiet of the neighborhood. This is where Article 7.2 of the Horizontal Property Law comes into play, which allows for action to be taken against activities that are annoying, unhealthy, harmful, or prohibited.
In other words: even if there is a tourist license, the community can intervene if the specific use of the dwelling causes serious and repeated damage.
Communities must anticipate the problem. The importance of “long-term planning”
Many communities react when the problem is already irreversible.
Legal practice shows that the most effective communities are those that approve clear rules before the building becomes overcrowded with tourists.
Among the most recommended measures are:
- Statutory amendment expressly regulating VUTs.
- Internal coexistence protocols.
- Regulation of the use of swimming pools and common areas.
- Access control and security systems.
- Legal surcharges on community expenses.
- Swift legal action against disruptive activities.
Because when a building reaches a critical point of saturation, restoring coexistence becomes extremely complex.
In Andalusia, with last year’s legislative changes, homeowners wishing to operate their properties as tourist apartments must obtain a qualified majority vote from the Owners’ Association, on a case-by-case basis. At Fernandez-Fígares & Associates, we believe this is where a long-term perspective is crucial. Before approving or rejecting a request, the community should consider its objectives and how to achieve them. This undoubtedly requires internal debate, prompting each community to reflect on this matter. Without a clear set of criteria or objectives, decisions could backfire and potentially lead to litigation, as it could create unfair comparisons between virtually identical situations.
Therefore, a community should adopt agreements on, for example, the maximum number of homes subject to tourist rental in a community to save coexistence between residents and tourists, but also, the maximum number of users in each apartment, according to the number of bedrooms that the property has.
In this way, having approved objective criteria, you can no longer engage in comparative grievances between neighbors when approving or denying the existence of tourist apartments in your community.
The debate is no longer “tourism yes or no”
That approach is too simplistic.
The Costa del Sol relies heavily on tourism, and denying that reality would be absurd. However, the social and legal strain caused by the uncontrolled growth of tourist accommodations in certain areas cannot be ignored.
The real question is something else: how to reconcile economic activity and the right to rest.
And that’s where homeowners’ associations have ceased to be mere spectators. Today they have real legal tools to intervene, limit, and protect the coexistence of their buildings.
Because a homeowners’ association is not a hotel. And many residents are starting to demand that the law remind them of this.
Legal department of Fernández-Fígares and Associates