Currently, there are two legislative projects with the intention of reforming Law 675 of 2001, which seek, among other things, to regulate short-stay rentals in horizontal properties in Colombia. Law 675 of 2001 was issued more than 22 years ago, so it is outdated in some aspects, which generates regulatory gaps in matters such as short-stay rentals, therefore, it has been necessary to resort to parallel and complementary regulation to cover them.
Some decrees and laws such as Decree 2590 of 2009, Law 1558 of 2012, and Law 2068 of 2020 among others, work as these complementary regulations that try to fill the gaps of the aforementioned law regarding horizontal properties and digital platforms such as Airbnb, Booking, Vrbo, etc. that serve to publish, advertise and book accommodations through the internet. This regulation seeks to support the opening of digital markets and the strengthening of collaborative economies while maintaining legality, harmony, and healthy coexistence within the horizontal properties.
The legislative projects No. 205 of 2022 and No. 282 of 2022 (the "Legislative Projects") seek to complement Law 675. However, they have generated significant controversies in relation to the regulation of short-term rentals in horizontal properties.
However, with the occasion of the first of the four debates to approve the law in Congress, the legislative projects were unified, and it was decided that the article that should remain in the cooperative legislative project amending Law 675 of 2001 with respect to short-stay rentals.
This article contemplates that short-stay rentals are allowed in all horizontal properties unless expressly prohibited by the assembly of co-owners with a vote equal to or higher than 70% of the coefficients of the co-owners. In addition, the other requirements already contemplated in tourism regulations, decrees, and laws must be complied with.
Some of the arguments that support this decision lie in the importance of promoting tourism activities in Colombia, the right to free enterprise, the right of owners to use their real estate as they see fit within the parameters of the law, not to lag behind in the progress of digitalization, not to prohibit it because it would encourage illegality and informality; among others.
The detractors of this position suggest that short-stay rentals should be prohibited in the horizontal property regulations unless they are expressly approved in the POT, PBOT, and EOT and in the respective horizontal property regulations by a qualified majority. Their arguments are particularly related to the insecurity generated by the constant rotation of guests within the horizontal properties.
However, the final decision to be made in Congress is a relevant issue in the country, since short-stay rentals are gaining strength within tourism in Colombia, and therefore it has become an economic activity that represents income for a significant population of the country.
