The home ownership<\/strong> \"by floor\" is a type of property<\/strong> where the individual property right for each dwelling is supplemented by a right to co-ownership<\/strong> on the common elements.<\/span><\/p>\n Owners are authorized to decide, by the majorities required by law, on resolutions that may affect the individual rights of the co-owners<\/strong> in certain cases, which are the ones we will discuss in this article.<\/span><\/p>\n A matter of great importance is the ability to adopt agreements that may affect the exclusive uses of the residential or commercial properties<\/strong>.<\/span><\/p>\n The uses of residential units and commercial spaces do not necessarily have to be those specified in the deed for new construction, and therefore in the deed of sale or in the bylaws of the homeowners\u2019 association, since residential units or commercial spaces may be used for different purposes as long as such uses are not prohibited by the bylaws or by resolutions of the homeowners\u2019 association in certain cases.<\/span><\/p>\n Thus, we can highlight a few statements:<\/span><\/p>\n \u201cThe lawsuit filed by the Homeowners\u201d Association, in which it sought a declaration that the change in use or purpose\u2014converting the premises into residential units\u2014was illegal, is dismissed, based precisely on the fact that no such prohibition was provided for either in the deed of incorporation or in the bylaws.\u201d.<\/span><\/p>\n \u201cThe mere fact that a premises is described as an office in the title deed does not impose any limitation on its use and therefore does not justify declaring a new business use to be illegal.\u00bb<\/span><\/p>\n \u00abIt is reaffirmed as a principle of case law that, in order to be effective, restrictions or prohibitions regarding changes in the use of a property within a condominium must be expressly stated.\u00bb.<\/span><\/p>\n Therefore, we believe that the answer to the question we posed at the beginning is clear, and consequently, a residence or commercial space may be designated for any use that is not prohibited, and likewise, the designated use of a commercial space or residence may be changed to any other use provided that it is not prohibited, without the mere description of a use imposing any limitation whatsoever.<\/span><\/em><\/p>\n Thus, a space intended for office use could be repurposed for another use\u2014such as a caf\u00e9\u2014provided that the activity is not one that has been prohibited, and provided that it does not cause a nuisance to the community or constitute an unhealthy activity, etc.<\/span><\/p>\n But could the Homeowners' Association decide and agree to prohibit the use of a unit for a specific activity even if such a prohibition is not provided for in the bylaws or the new construction documents?<\/span><\/p>\n Can the Owners\u2019 Association affect an absolute right\u2014such as the right of ownership\u2014by restricting a specific authority? The answer is yes, but to do so, a resolution must be adopted by the majority required under the Condominium Law, and that resolution must not be detrimental.<\/span><\/p>\n Under current regulations, following the most recent changes, the community may\u2014provided it meets a specific voting threshold and secures a certain majority\u2014agree to prohibit the use of a residence for tourism purposes, and no appeal may be filed against this decision; thus, the new purchaser will be subject to and bound by the results of that vote; This is without prejudice to the fact that the current owner who is using their home for tourist purposes is not affected by the ban, as this is a right that predates the ban; however, if they sell their home, they will be subject to the ban on such use agreed upon by the Homeowners\u2019 Association.<\/span><\/p>\n However, this provision is currently under appeal in the courts, and its effects have been suspended pending a judicial ruling on the questions regarding its legality.<\/span><\/p>\n While this important issue is being resolved, homeowners\u2019 associations have the option of prohibiting the use of residential units for tourism purposes, but only by arguing and proving that such activities are disruptive, bothersome, and also dangerous, and since the affected party will seek legal recourse, the courts will have to determine whether or not this claim has been proven.<\/span><\/p>\n Court rulings on the use of vacation rentals vary on a case-by-case basis<\/strong>, but many of them have determined that the excessive use of a residence by a large number of people can constitute an abnormal use of the communal facilities. These types of situations lead to conflicts among neighbors due to living together and wear and tear on the common areas.<\/span><\/p>\n One of the main problems associated with vacation rentals is the noise and disturbances they can cause to the building\u2019s regular residents. In many cases, the use of these units for tourism involves gatherings, parties, and other activities that generate excessive noise, disrupting the peace and quiet of the community. Furthermore, the lack of clear controls on the number of occupants can further exacerbate this problem.<\/span><\/p>\n Another important factor that the courts have considered is that the coexistence of permanent residents and temporary tenants of vacation rentals can lead to constant friction. The commercial activity resulting from vacation rentals in spaces not designed for this purpose leads to conflicts, since the properties are not specifically equipped to handle the constant flow of guests.<\/span><\/p>\n In short, the proliferation of homes used for tourism within homeowners\u2019 associations is leading to an increasing number of legal disputes. Court rulings reflect this reality and have determined in many cases that the inappropriate use of these properties can negatively affect the harmony and well-being of neighbors.<\/span><\/p>\n Homeowners' associations play a key role in regulating the use of residential and commercial units within a building. In our experience, many disputes arise precisely because of differences in the interpretation of the bylaws and the resolutions adopted at association meetings.<\/span><\/p>\n The Condominium Law has evolved over time, granting homeowners\u2019 associations greater authority to regulate certain uses, such as banning short-term rental properties. However, these decisions must comply with legal requirements and must not infringe on the rights acquired by property owners.<\/span><\/p>\n If you need advice regarding a dispute in your homeowners' association or would like to learn more about your rights and obligations, at Carlos Ba\u00f1o Law Firm<\/a> We have a team that specializes in real estate and condominium law.<\/span><\/p>\n <\/p>\n![\"Homeowners'](\"https:\/\/www.cbleon-abogados.com\/wp-content\/uploads\/2019\/12\/comunidad-de-propietarios-abogados-1.jpg\")
<\/span><\/p>\nChange of intended use; change of intended use of a residence or commercial space.<\/span><\/h2>\n
![\"Residential](\"https:\/\/www.cbleon-abogados.com\/wp-content\/uploads\/2019\/12\/edificio-de-viviendas-comunidad-de-vecinos.jpg\")
<\/p>\nProhibition on the use of residential properties and vacation rentals.<\/span><\/strong><\/h3>\n
The opinion of the Carlos Ba\u00f1o Law Firm<\/h2>\n