Sustainable Tourism Law

286 SUSTAINABLE TOURISM LAW operators and clients/guests/users. The most reasonable option is to include in the same regulation both issues, as it happens in Asturias 18 , but this is not usually the case. Thus, the Canary Islands lay down this obligation only for the owners of the holiday homes or, where appropriate, for natural or legal persons to whom the owner has entrusted the operation of the dwelling 19 . The Autonomous Communities of Castile and Leon 20 , Aragon 21 and La Rioja 22 consider it as an obligation for the users. a.ii. The relation with neighbours: the bylaws of the community of owners and the existence of internal rules The main tool for regulating the neighbourly relations are the bylaws of the community of owners that can be defined as the set of existing rules in a community of owners that regulate the use or destination of the building, its flats or premises, facilities and services, expenses, administration and government, insurances, maintenance and reparations. For this reason, the rules regulating this kind of accommodation usually promote a good neighbourhood coexistence by adopting different measures: (1) ensure that holiday homes are not authorised in the communities of owners where this activity has been expressly prohibited in the bylaws; (2) prohibit users from carrying out any activity that contravenes the rules of coexistence, public hygiene and public order; and (3) recommend the drafting of internal rules with indications about the use and occupancy of dwellings in order to achieve a good coexistence with the tourists. As we have seen, the main requirement in the rules about this kind of accommodation is, specifically, that the bylaws of the community of owners, duly registered at the Property Register under buildings submitted to the horizontal property regime, do not prohibit its existence. We must also take into account that this use has been historically considered an annoying activity by jurisprudence 23 but this judicial criterion is now gradually changing 24 . Thus, many regulations lay down the need to prove that this activity is not prohibited in the bylaws; this 18 Vid. Art. 13 Decree Asturias. 19 Art.5 Decree Canary Islands. 20 Art. 27.1.b) Decree of Castile and Leon. 21 Art. 12 Decree of Aragon 80/2015, of 5 may, BOA no.90, 14 may 2015. 22 Art. 71 Decree of La Rioja, 10ç72017, of 17 march, BOR no. 34, 22 march 2017. 23 Among others, the Sentencing No. 17/2012, of 20 February, of the High Court of Justice of Catalonia states, in the fourth legal ground, that the activity itself and considered in the abstract cannot be considered a damage or injury so an evaluation case by case must be carried out in order to find out if we face an antisocial behavior or action. 24 Thus, the Sentencing No 37/2016, of 19 May, of the High Court of Justice of Catalonia.