With the arrival of summer, homeowners’ associations in Mallorca and the rest of the Balearic Islands see an increase in conflicts each year over noise, parties, and properties used for short-term rentals. In areas with high tourist density, striking a balance between a property owner’s right to profit from their property and a neighbor’s right to peace and quiet isn’t always easy.
In this article, we discuss what a neighbor can do in the face of repeated disturbances, what rights the owner of a vacation rental has, and whether a homeowners’ association can prohibit this activity.
Can a homeowner use their home for short-term rentals?
In principle, yes. A homeowner may use their property for short-term rentals as long as they comply with applicable regional and municipal regulations—which are particularly strict in the Balearic Islands following recent reforms in the tourism sector—as well as with the corresponding administrative requirements (tourism license, registration number, etc.).
However, engaging in this activity does not exempt one from complying with the rules of coexistence or from the obligations arising from the homeowners’ association. Short-term rentals and the homeowners’ association must be able to coexist.
Neighbors’ Rights Regarding Noise and Parties
Owners and residents have the right to enjoy their homes without suffering ongoing disturbances that disrupt normal life in the building. In cases of excessive noise or disruptive activities resulting from a short-term rental, neighbors may:
- Request that the local police intervene when municipal noise ordinances are being violated.
- Formally report any issues to the president or the community manager.
- Gather evidence of the disturbances you have experienced: videos, photographs, police reports, or statements from other neighbors.
- Request that the community take the appropriate legal measures, including legal action if necessary.
The key to the success of these efforts usually lies in properly documenting the facts and working in coordination with the community, rather than acting in isolation.
Rights of Vacation Rental Owners
Property owners who legally operate a vacation rental business also have rights that must be respected.
Not every complaint automatically constitutes a violation. Occasionally, there are isolated incidents or complaints that do not reflect an ongoing problem. Therefore, before taking any action—whether it be a community sanction or a formal complaint—it is essential to analyze the specific circumstances of each case and objectively evaluate the available evidence.
Can a homeowners’ association ban short-term rentals?
This is probably the question we hear most often from both property owners and neighbors at our office. The answer depends on several factors:
- Drafting the community bylaws.
- The resolutions adopted by the homeowners’ association and the majorities by which they were approved.
- The date on which those agreements were approved (before or after the amendment to the Condominium Act regarding this matter).
- The applicable regional tourism regulations, which have their own specific characteristics in the Balearic Islands.
Not all communities can restrict or prohibit this activity in the same way, so each case must be analyzed individually with expert advice before calling a meeting or taking legal action.
The Importance of Prevention
For both homeowners and neighbors, the best solution is usually a preventive one:
- Property owners who rent their homes to tourists can significantly reduce conflicts by establishing clear rules for guests, carefully screening occupants, and responding quickly to any incidents.
- Homeowners’ associations can minimize disputes by establishing clear internal regulations (up-to-date bylaws and house rules) and taking prompt action as soon as behavior that affects community harmony is detected.
Frequently Asked Questions
What can I do if my upstairs neighbor rents out their apartment to tourists and there are constant parties?
Document each incident with the date, time, and evidence (photos, videos, police reports), and report the problem to the building manager or the community president so that the community can take action, including legal action if the situation recurs.
Can the community evict a property owner for disruptive vacation rentals?
The Horizontal Property Act provides for mechanisms to put an end to disruptive or prohibited activities, but these require a specific procedure (a prior notice and, if necessary, a cease-and-desist action). This is not an automatic eviction, and it is advisable to seek legal counsel.
Do I need a license to rent my home to tourists in the Balearic Islands?
Yes, the short-term rental business in the Balearic Islands is subject to specific licensing and registration requirements, as well as the regional statutes. We recommend verifying both requirements before starting the business.
Conclusion
Disputes involving noise, parties, and vacation rentals are becoming increasingly common, especially during the summer months in destinations such as Mallorca. However, both neighbors and property owners have legal recourses available to protect their rights.
Acting quickly, properly documenting the facts, and seeking specialized legal advice when necessary is usually the best way to prevent a one-time problem from turning into a long-term dispute.
Are you facing a conflict like this in your homeowners’ association? At Montis Abogados, we have been advising property owners and homeowners’ associations in Mallorca and the Balearic Islands on real estate and condominium law for over 40 years. Contact our team to have your case evaluated.
