This year we have held many owners’ meetings in which the possibility of allowing holiday rentals for properties, the well-known VUT, has been debated, approved or rejected. It is an increasingly common issue in communities on the Costa del Sol, and although the regulations officially changed in April 2025, to this day there are still many questions among owners about how this type of license is approved and what majority is needed.
Current Andalusian regulations require that any owner who wants to register their property as tourist accommodation has the express consent of the community. This consent can be general (for the whole community) or individual, to authorize a specific case. But in both cases, the decision must be taken in a meeting with a qualified majority.
The ‘qualified majority’ consists of three-fifths (3/5) of the total number of owners, who also represent at least 60% of the participation quotas. This does not refer only to those present at the meeting, but to the total number of owners in the community. For this reason, the law also allows absentee owners, but with a condition, due to the delicacy of the matter that is being debated.
In order for the votes of those absent to be counted as favourable to reach the 60% majority, it is necessary that the resolution has been approved at least by a simple majority of the attendees at the meeting itself (i.e. more votes in favour than against). Once this minimum has been exceeded, all owners are notified of the minutes, and those absent have 30 calendar days to express their opposition. If they do not do so within that period, their vote is added as favorable to the agreement.
Let’s look at it with an example: in a community of 20 owners, at least 12 need to vote in favour and represent 60% of the total coefficient. If 10 people attend the meeting and 6 vote in favor (simple majority), the presumed count of those absent is activated. If no absentee opposes within 30 days of receipt of the minutes, those votes are added in favor, and a qualified majority of 3/5 could be reached. On the other hand, if only 4 owners vote in favour at the same meeting, a simple majority is not reached and, therefore, the votes of the absentees cannot be added to the result, which invalidates the agreement.
In addition to authorising or not the TUVs, the community can also approve an increase of up to 20% in the ordinary fee for owners who have a home with a tourist licence. This surcharge must also be approved with the same majority of three-fifths of the total number of owners and quotas. It is important to note that this increase must be applied equally to all those who have an active license, regardless of the number of days they rent their home.
To guarantee objectivity and avoid conflicts, the public registry of the Junta de Andalucía is used as a reference. If an owners does not wish to pay this surcharge because they do not rent their home as a VUT, they must initiate the process of cancelling the licence or provide evidence that it is their habitual residence or that it is rented for a long term. Only in these cases can you be exempt from payment. This ensures fair treatment for all and avoids comparative grievances between neighbors.
In short, this regulation reinforces the role of the communities when deciding on the tourist use of properties. Each owner retains his right to propose, but it is the community, through a clear and democratic procedure, that decides and the outcome is undetermined, communities that are in favor and communities that are against, now more than ever, the majorities decide!
