# Can the owners' association charge me an extra fee for having a tourist home?

> Yes: up to 20 % more in common expenses, by a three-fifths agreement. It is not a penalty and cannot be retroactive. How it is calculated and how to negotiate it.
>
> Topic: Owners' association · Reviewed: 2026-09-22 · URL: https://mipisoturistico.app/en/guides/can-the-owners-association-charge-me-an-extra-fee-for-a-tourist-home
> Published by Mi Piso Turístico (Torremolinos Gestión Vacacional), a holiday-rental management company on the Costa del Sol.

**Short answer:** yes. The Horizontal Property Act allows the association, by **three fifths** of owners and shares, to set **special fees or an increase in common expenses of up to 20 %** for tourist homes. It is compensation for the greater use of the lift, cleaning and common areas, not a fine, and **it cannot be applied to periods before** the agreement.

## How much is it in money?

On the flat's ordinary fee. If you pay €90 a month in association fees, the most they can charge you extra is €18: €108 a month, €216 more a year. For a flat taking in €20,000 a year it is a minor expense. It is worth putting it in the proposal to the association from the start, because it neutralises the "it costs the rest of us" argument.

## Can it be more than 20 %?

Not as an increase in common expenses: 20 % is the legal cap. Special fees can be agreed for specific, justified items (for example, the cost of an access system or additional cleaning of the hall), always with the same three-fifths agreement and proportionally. An arbitrary "tax" on tourist flats above those limits can be challenged.

## Does it apply to homes that were already registered before 2025?

Yes, the increase can be agreed for any tourist home in the building, including earlier ones. What it cannot have is **retroactive effect**: you pay from the agreement, not from when you started renting.

## Can I refuse to pay it?

No, if the agreement was adopted correctly (majority, notice and minutes in order). You can challenge it in court within the time limits of the law if you believe it is contrary to the law or abusive, but in the meantime you have to pay. Unpaid fees also leave you without a vote at meetings.

## Can I deduct it from tax?

Yes. The association fee, including the increase, is a deductible expense from tourist rental income, in proportion to the rented days. We explain it in [Expenses you can deduct](/guias/gastos-deducibles).

## How do we approach it?

When we help an owner present the proposal at their meeting, we include acceptance of the 20 % increase as part of the package. It costs a few hundred euros a year and, in most associations, turns a "no" into a "well, all right". It is the best investment in the process.

## Sources

- [Horizontal Property Act, article 17.12 (special fees and increase of up to 20 %), consolidated text (in Spanish)](https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906)