Blocking a rental license

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14 Sep 2021 13:36 by JJ101 Star rating. 4 posts Send private message

I read that there's a new law which enables a Community to block an owner from renting out their property on a short term basis on a new project.

But I also heard if you get the rental license stratight after completion the community can't block you.

Is this true, anyone have more info on this?

Thanks

 

 





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14 Sep 2021 15:24 by mariedav Star rating in Ciudad Quesada. 1126 posts Send private message

Not heard of the new law. However, it was stated that a community can block rentals but it needs 100% of the owners to vote for that. As the person who wanted to rent wouldn't have voted to block it, It would never pass.

Maybe they've changed the rules to get around that but any link to where you read it would be helpful.





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15 Sep 2021 08:08 by JJ101 Star rating. 4 posts Send private message

Hi,

Can't post a link here but there was a change to the law in 2019 which changed the amount who have to agree on a rental block from 100% to 60%

But someone told me that if you get the rental license straight away o project completion the community can't stop you, just wondering if that's true.





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15 Sep 2021 10:55 by nitram Star rating in castalla. 177 posts Send private message

Think you will find it is now community consent is now only 3/5 of the vote and not 100%, we voted last year on no owner allowed to rent out property on tourism licence, 1 defaulter (who did not know) so far he has not rented his property out





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15 Sep 2021 12:59 by JJ101 Star rating. 4 posts Send private message

Yes 60%, but I'm still wondering if anyone can confirm that if you get your rental license in the early stages (after constructions finished, maybe before any votes) you can go ahead and rent anyway.





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15 Sep 2021 13:49 by nitram Star rating in castalla. 177 posts Send private message

As i said below as we have done this with a owner ,Part of geeting a licence is that you must prove you have Community Consent. 





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15 Sep 2021 14:34 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

What would actually happen if an owner rented out his/her property against community rules, stating all the visitors were friends and relatives? What action would be taken and how long would it take to complete? What costs would be incurred? 



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15 Sep 2021 16:14 by nitram Star rating in castalla. 177 posts Send private message

Following our vote last year on not allowing for property to be rented out to Tourism that includes by law Family, Friends and others,(unless having a licence Valencian Law) plus owing to new Law stating you can only claim 3 years backdated community fees, I as President and voted for by the community took action against  a owner . We do have very small fees about 20.00 a year and outstanding fees is 400.00. We sent a Burofax 35.00 euros to owner who is not here but had to start ball rolling. After the time period of not paying  we had to submit paper work ie minutes, to court, this being ALL previous mettings over the years where fees has not been paid, all notifications to owner all recorded letters etc   Owing to events over the last 18 months we new that their was not going to be a rush . I went into the court 3 weeks ago and find out up date, very helpful staff, informed me Guardia had been around and no contact with owner, call today from court to say the same and now they will put it in the BOE  Notifications, where they will have 21 days to pay Community fees, what happens after that we dont know yet, but court said when owners do come out contact them and they will send Police around again





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15 Sep 2021 16:42 by JJ101 Star rating. 4 posts Send private message

I don't really understand this, you are writing about an owner not paying community fees right?

The thread is about renting out the property for short team lets.

Do you mean an owner was renting out their apartment and not paying Community fees?





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15 Sep 2021 16:49 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

Thank you nitram

Would it still be classed as ‘’renting’’ if the owner stated friends and relatives stayed free of any charge? Would a rental license still be required?

I do not understand what non-payment of community fees has to do with this subject.



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There is enough in the world for everyone, but not enough for the greedy!



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15 Sep 2021 18:43 by nitram Star rating in castalla. 177 posts Send private message

With regard to free charges it´s something you would have to prove i suppose.

On a different topic when we had our meeting it came out that 1 of our owners (holiday home) stated that they are taxed on the assumption he would rent his property out and is taxed this way.

Prior to October 2020, a Community could claim all back dated community fees, the law now  fromOctober 2020 you can now only claim a maximum of 3 years back fees.

In our case not thousands of money but money anyway, last year a owner owed 400 euros community fees , as i said before our fees are very small 20, 15, euros a year (in  the begining we did have a Administrator paying 80.00 euros a year but we now self administrat hence low fees and hardly no expensises inscurance mainly) if we did not take action before the new law all we could claim for would of been 60.00 euros they would of got away with not paying 340 euros hence court action, forgot to say all we have paid out for is a Burofax of 35.00 yes if not paid we will have to have a Lawyer but if you do it correctlly, you make sure that All fees will be paid for by the Owner.





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15 Sep 2021 20:28 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

With regard to free charges, it´s something you would have to prove is false, I am sure.

The rest of your comments are interesting but irrelevant to this subject, Blocking a rental license



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There is enough in the world for everyone, but not enough for the greedy!



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16 Sep 2021 10:32 by nitram Star rating in castalla. 177 posts Send private message

If after a meeting of a CPits agreed that the community will not allow tourist rentals it would show in the minuets and you produce them





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16 Sep 2021 17:46 by Kavanagh Star rating in Oil Drum Lane Newcas.... 1099 posts Send private message

Kavanagh´s avatar

Hello JJ101

Just for clarification. In my opinion and only my opinion, Spain has more laws and regulations than you can shake a stick to. But when it comes to a member of the public enforcing anything ‘’pigs might fly’’.

Many, many, properties in Spain are rented out without a license to avoid paying any tax. If the owner was ever challenged he/she would say only friends and family stay free of any charges, even if the property is on a rental holiday let site with a made-up license number.

The justice system in Spain is not fit for purpose. It takes years to get anything in front of a judge.

People resident or non-resident need to understand Spain is not the UK. The Spanish have a saying ‘’you can get around anything’’.



_______________________
There is enough in the world for everyone, but not enough for the greedy!



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16 Sep 2021 22:19 by GuyT Star rating. 499 posts Send private message

I have an intelligent Spanish guru who explained that Spain has lots of strict laws that if strictly enforced would be a recipe for paralysis....so a lot of latitude is given, which is why tax evasion is a national pastime. He said that the Catholic church exemplifies....and was probably responsible for this attitude. Very strict rules that Catholics must follow, but if you break these rules.....go to confession....and start all over again..





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