Can Owners Request a New Vote on Short-Term Rentals in Andalusia?

Understanding Your Rights After a Community “No”

In places such as Benahavís, the debate over short-term rentals rarely feels abstract. It sits at the point where lifestyle, investment, privacy and community harmony all meet. Since the latest legal changes took effect, many owners have been asking a more precise question: if a community has already voted against tourist rentals, can that issue be brought back for another vote?

The answer is yes, but the route matters. Spanish horizontal property law does not treat one unsuccessful vote as the end of the story. A community can revisit the issue at a later meeting. However, the way that reconsideration reaches the agenda, and the way any new decision is approved, must follow the proper legal process.

The starting point: an owner can ask for the issue to return to the agenda

Under the Ley de Propiedad Horizontal, any owner may ask for a matter of community interest to be studied and voted on by the owners’ meeting. That request should be made in writing, clearly identifying the issue to be discussed, and it should be sent to the president. The law states that the president will include it on the agenda of the next meeting.

That distinction matters. An owner is not simply reopening the issue informally in conversation or WhatsApp chat. The correct route is a written agenda request. In practical terms, that means the owner should frame the point carefully, make the wording clear, and submit it before notice of the next annual meeting is circulated.

A new vote is possible, but an extraordinary meeting is different

Where some owners get caught out is in assuming that the right to request a topic is the same as the right to force an immediate extraordinary meeting. It is not. If the aim is to wait for the next AGM, the legal position is comparatively straightforward: submit the written request in time and ask for the matter to be placed on the agenda.

If the aim is to accelerate the issue and bring it forward sooner, the threshold is higher. An extraordinary meeting may be called by the president, but it may also be requested by at least one quarter of the owners, or by owners representing at least 25% of the participation quotas. In other words, one owner alone may be able to place the issue before the next ordinary meeting, but usually cannot compel an immediate extraordinary meeting without broader support.

A previous “no” does not permanently close the door

A prior refusal does not create a permanent legal lock. Communities are allowed to reconsider issues when circumstances change, when a proposal is better structured, or when owners wish to revisit the implications of an earlier decision. In a place like Benahavís, that is particularly relevant because opinion often shifts once owners move from a vague debate about “holiday lets” to a more detailed discussion about management standards, insurance, quiet-hours, guest controls and community safeguards.

That is why the quality of the second proposal often matters more than the fact that there was a first refusal. A poorly explained request may attract instinctive opposition. A measured proposal, by contrast, can reframe the question away from disruption and toward governance, control and enforceable standards.

Why the 2025 reform changed the conversation

The national reform that entered into force on 3 April 2025 altered the landscape in a meaningful way. For owners who want to start tourist-rental activity after that date, prior express community approval is now central. The relevant community decision sits within the 3/5 majority framework applied to approvals, restrictions, conditions and prohibitions for that activity.

That makes the community vote much more significant than it once was. In many cases, the question is no longer simply whether the community objects in principle. It is whether the owner can obtain the express approval now required for a new tourist-rental use. At the same time, owners who were already lawfully exercising that activity before the reform came into force may fall within a different transitional position, which is why timing and documentation are now so important.

Andalusia adds another layer, not a substitute

Andalusia’s own regulatory framework also tightened recently, and that has added to the confusion. In practice, however, the regional regime does not replace community approval issues. It sits alongside them. A property may still need to satisfy the Andalusian tourist-rental rules, local planning constraints and building-specific community rules at the same time. In short, owners should avoid treating the regional registration process as though it overrides what the community can decide under horizontal property law.

For Benahavís owners, that is where a more strategic approach becomes important. The legal mechanics matter, but so does presentation. Communities are far more likely to engage seriously with a proposal that feels neighbour-conscious, professionally managed and limited by clear conditions.

How to ask for a fresh vote intelligently

The most effective requests are usually the calmest ones. Rather than simply asking the community to reverse itself, it is often better to invite reconsideration of the issue in light of a responsible operating framework. That can include professional management, emergency contact details, insurance, noise-control rules, guest registration procedures, occupancy limits and clear consequences for breaches.

That approach does two things at once. First, it makes the agenda request feel constructive rather than confrontational. Second, it gives undecided owners something practical to assess. In communities where the first vote was driven by uncertainty, that can make a material difference.

The practical conclusion

Yes, an owner can request that short-term rentals be put back before the community for a new vote. The law gives owners a route to ask for that issue to be included on the agenda of the next meeting. What an owner cannot usually do alone is force an immediate extraordinary meeting without the support required by law.

That means the real opportunity lies in timing, wording and preparation. In today’s legal climate, especially in Andalusia, communities are no longer just debating principle. They are deciding how much control they want, what standards they expect, and whether a carefully regulated model is preferable to a blanket refusal. For owners who still want the issue reconsidered, the most persuasive move is rarely a louder argument. It is a better one.

Download the supporting documents

If you are preparing to raise the issue in your own community, you can make the process feel more professional from the outset. We recommend sending a formal written request, attaching a neighbour-conscious proposal, and circulating a measured briefing to other owners before the meeting.

We have created draft documents which you can use in your community:

• Download the formal request letter
• Download the community-friendly proposal
• Download the persuasive owner briefing

If you would like editable word versions of these documents, please feel free to ask.

If you are looking to sell your property in benahavis, we have marketing strategies for both properties with and without rental licences, highlighting the benefits of both. We would love to discuss marketing your home.

This article is provided for general information only and does not constitute legal advice. Community statutes, prior resolutions, registry position, municipal rules and the exact timing of any tourism registration can all affect the outcome in a specific case.

Looking for a home outside Benahavís?
Holiday Homes Spain
covers the whole Costa del Sol.