# My association's by-laws ban tourist rentals: is there anything I can do?

> With a registered ban in the by-laws, the home cannot be registered as a tourist dwelling. The only route is to amend the by-laws by three fifths and register the change. How to find out whether your association has that clause.
>
> Topic: Owners' association · Reviewed: 2026-09-22 · URL: https://mipisoturistico.app/en/guides/my-associations-by-laws-ban-tourist-rentals-is-there-anything-i-can-do
> Published by Mi Piso Turístico (Torremolinos Gestión Vacacional), a holiday-rental management company on the Costa del Sol.

**Short answer:** if your association's by-laws **ban** tourist use, the home **cannot be registered** with the Andalusian Tourism Registry: the rules expressly exclude it. The only way out is to **amend the by-laws**, which requires an agreement of **three fifths** of owners and shares, a notarial deed and registration at the Land Registry. It is not impossible, but it is a months-long project.

## How do I know whether my association has that ban?

1. **Ask the administrator for the by-laws.** They are in the deed of horizontal division or in a later amendment.
2. **Ask for a nota simple of the building** (not of the flat: of the building) at the Land Registry. Registered by-law restrictions appear there and are the ones binding on everyone, including future buyers.
3. Look for expressions such as "tourist use", "holiday rental", "lodging activity" or "temporary transfer to third parties". A generic ban on "nuisance activities" is **not** a ban on tourist use.

## What is the difference between a ban in the by-laws and a meeting agreement?

- **A meeting agreement** that limits or bans tourist use is binding from when it is adopted, does not affect homes already operating and can be reversed at another meeting by the same majority.
- **A registered by-law clause** is part of the building's regime: the Junta de Andalucía does not register tourist homes where one exists, and it only disappears by amending the by-laws and registering the change.

Many Costa del Sol associations approved agreements between 2019 and 2024 under the previous law; most are meeting agreements, not by-laws. It is worth reading carefully which is which.

## How are the by-laws amended?

1. Item on the agenda: "Amendment of article X of the by-laws to allow tourist use".
2. Agreement by **three fifths** of owners and shares (with the rule that absent owners who do not object within 30 days count in favour).
3. **Notarial deed**, signed by the president with the minutes.
4. **Registration** at the Land Registry. Until it is registered, the amendment is not valid before the Junta de Andalucía.

Indicative cost: notary and registry, a few hundred euros; time, two to six months.

## What if I buy a flat without knowing there was a ban?

It happens. That is why, before buying to rent to tourists, you should ask for the building's nota simple and the by-laws, not just check whether "other neighbours do it". Others doing it does not mean it is legal: they may be unregistered or have registered before the ban. We explain it in [Should I buy a flat with a tourist licence?](/guias/comprar-piso-con-licencia-turistica).

## Is there any alternative in the meantime?

**Seasonal or long-term** renting is not tourist use: a contract of more than two months with the same person (students, relocated workers, winter stays) needs no registration or association permission, unless the by-laws ban that too, which is very rare. It is less profitable, but it is legal from day one.

## Sources

- [Junta de Andalucía: homes excluded from tourist use, including those banned by by-laws (FAQ, in Spanish)](https://www.juntadeandalucia.es/organismos/turismojusticiadesregulacionyadministracionlocal/areas/turismo/registro-turismo/establecimientos-servicios/paginas/faq-viviendas-turismo.html)
- [Horizontal Property Act, article 17.12, consolidated text (in Spanish)](https://www.boe.es/buscar/act.php?id=BOE-A-1960-10906)