Help! - we've been told we cannot rent ou our apartment!

It's a long story, but I'll try and keep it short.

We purchased a beautiful 1 bed apt 3 years ago in Mallorca, when we bought, we were told by the owner, agent and solicitor that we could rent it out, there are no restrictions on our deeds and it is freehold, so were told it is fine to do this, which was what we needed to do as we have a 80% mortgage on it, and as it is such a lovely complex the community charge is a lot higher than others.   Before we purchased we met with the Manager of the complex, and he explained their rental system should we wish to join, but there would have been no financial benefit other than you could use your own apartment for a certain amount of weeks and they would let it out for the rest of the season, but there would be no community charge payable.  This particular complex is ran by a Swiss community, and many owners have had their apartments for many years, do not have mortgages, or have had them left in a will from a family member. (so more or less just like buying a timeshare!)

We have let ours out for the past 3 years, mainly to friends and family members, and also take several bookings from an owners rental website, but over the past year or so, there are more English owners purchasers there and all wishing to do this, as we all have mortgages, and have been threatened with legal action if we rent our 'freehold' apartments out privately, and not through their system.

We have tried to sell the apartment, but when prospective buyers visit the complex to talk to the Manager about the community charges etc, they are only being told the community charge payable, as if they are in the rental system and do not let out through them, (i.e. they receive all cleaning, maintenance, electric paid etc) and not given the actual charge if they were not to be a member of their system which is not compulsory, like we are, and they are all told they cannot rent out privately, so, consequently, we cannot get anybody to buy it!

We are now in a position that we cannot sell and cannot afford to keep the apartment if we cannot rent it out..........we would be VERY grateful if anybody out there has any suggestions to what we can do please!! 

Thanks Pitby for the post, actually our complex does hold a tourist license, so luckily we cannot be fined like that poor lady you refer to, we read that same article with interest earlier in the year also.

it is the community that our dictating we rent through them..............we wouldn't mind doing that if they actually gave us a percentage of the income!!!, ..........we have been using a lawyer, but I think they have even given up on this as it seems such a grey area! our last email from them told us it is up to us to decide what we carry on doing, our lawyers thinks we can rent privately and the lawyer of the complex is saying we can't!

Test the water - rent and see what they do!

If you rent it from the Uk you could always say they are friends using it - if the pay you in the uk its definately a grey area as to where the contract was made, so providing you pay your taxes, what can they do??