Can Owners Request a New Vote on Short-Term Rentals in Andalusia?
Understanding your rights after a community “no” — and how to approach a fresh vote calmly, legally and persuasively.
Last reviewed: May 2026. Community rules, tourism regulations and property law can change.
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 Practical Answer
An owner can ask for short-term rentals to be placed back on the agenda for a future community meeting.
What one owner usually cannot do alone is force an immediate extraordinary meeting unless the required level of support from other owners or quotas is reached.
That makes timing, wording and preparation extremely important.
An Owner Can Ask for the Issue to Return to the Agenda
Under the Ley de Propiedad Horizontal, an 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 sent to the community president.
This distinction matters. An owner is not simply reopening the issue informally through conversation, email chains or WhatsApp messages. The correct route is a written agenda request.
In practical terms, 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 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 can reframe the question away from disruption and toward governance, control and enforceable standards.
Why the 2025 Reform Changed the Conversation
The reform that entered into force on 3 April 2025 changed the short-term rental conversation 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 this 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. Timing and documentation are therefore extremely 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 Andalusian tourist-rental rules, local planning constraints and building-specific community rules at the same time.
Owners should therefore avoid treating the regional registration process as though it overrides what the community can decide under horizontal property law.
A More Strategic Approach
For Benahavís owners, 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 framework can include professional management, emergency contact details, insurance, noise-control rules, guest registration procedures, occupancy limits and clear consequences for breaches.
This 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.
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.
Formal Request Letter
A structured letter asking for the matter to be included on the community agenda.
Community-Friendly Proposal
A neighbour-conscious proposal setting out a responsible operating framework.
Owner Briefing
A persuasive briefing to help explain the issue calmly to other owners.
If you would like editable Word versions of these documents, please ask and we can provide them.
Selling a Property With or Without a Rental Licence
If you are looking to sell your property in Benahavís, rental status can form part of the marketing strategy. A transferable or established tourist-rental position may appeal to one type of buyer, while a property without rental activity may appeal to those prioritising privacy, quiet communities and owner-occupier lifestyle.
At Benahavís Collection, we help sellers position both types of property clearly. The key is not to overstate the rental angle, but to present the property honestly, legally and in a way that matches the right buyer profile.
Explore selling property in Benahavís →
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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.
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