“Structure yourself first, so you can set an example for the public.”
ORANJESTAD, ARUBA — The Government is preparing a mandatory registration system for vacation rentals, with a three-month period for property owners to comply. However, this announcement raises a fundamental question: how can the Government require the public to adhere to an administrative timeline when its own ministerial structure has not yet been formalized under a new active LIM?
The current Government presented a new proposal for the Landsverordening Instelling Ministeries (LIM) to Parliament, but the legislation has not entered into force. This situation raises questions regarding the need for the Government to put its own institutional structure in order, especially now that it is introducing new obligations for citizens and entrepreneurs.
A deadline for the public may have its usefulness. However, the Government must also lead by example through transparency, legal certainty, and compliance with its own legislative responsibilities.
Registration is not automatically the solution
The Council of Ministers approved a plan to register and regulate vacation rentals. All existing properties used for tourist rentals must register, even those that already possess permits.
The Government contemplates three zone categories — green, yellow, and red — and each property will undergo an individual evaluation. However, registration does not constitute an automatic permit nor a guarantee of legalization.
The question remains whether the Government is preparing a structural solution or merely temporarily administering a problem that demands legislative changes.
Zoning (bestemming) and long-term lease (erfpacht) laws cannot be ignored
A significant number of houses in Aruba are built on long-term lease land (erfpacht) with residential zoning (woonhuis).
The erfpacht conditions and the active ROPV establish a legal framework that the Government must respect. An administrative policy cannot simply overwrite these provisions.
DIP must address issues related to erfpacht conditions and land use. For privately owned properties (eigendom), there are no erfpacht conditions, but spatial planning requirements still apply.
If the Government wishes to alter the possibility of commercial use in residential zones, it must follow the required legal procedure.
Fair play: why Noord and not Santa Cruz?
Imagine two citizens who were granted erfpacht land with the same residential designation (woonhuis), one in Noord and the other in Santa Cruz.
If the Government is contemplating allowing vacation rentals in one zone while restricting the activity in another, it must clearly explain the legal and spatial rationale behind the distinction.
The fact that both properties share the same designation does not eliminate the possibility of differing spatial rules. However, equal treatment demands that the distinction is not arbitrary and that the decision is properly justified.
Do not forget the Aruban paying a mortgage
There are families who rely on vacation rental income to pay their mortgage and maintain their property.
A policy shift could compromise the financial stability of these families. Therefore, the Government must evaluate existing rights, legal certainty, and the necessity of a proportional transition period.
Protecting the housing market is essential, but the solution must also consider citizens who have already legally invested in their property.
Investigate non-resident investors
Before adopting general restrictions, the Government should investigate how many properties have been purchased by non-resident investors exclusively for tourist exploitation.
The investigation must determine the actual impact on housing availability, property prices, and the amount of tourism revenue that remains in Aruba.
Based on the findings, proportional legal restrictions on speculative activities and mechanisms to stimulate local participation can be evaluated.
Parliament must legislate
Sitting, walking through neighborhoods, and painting houses may hold symbolic value, but it does not replace the responsibility of the Government and Parliament to address structural issues.
If existing legislation is insufficient, the Government must prepare the necessary amendments, and Parliament must fulfill its duty to legislate and oversee.
This demand is not an automatic rejection of vacation rental regulations. It is a demand that regulations be grounded in law, transparent, and respectful of citizens’ rights.
Aruba must consider its future generations
Arubans do not need temporary fixes that merely paper over the problem for a short while. The country needs legal certainty, access to housing, and a sustainable vision that protects future generations.
Tourism must continue to contribute to the national economy, but tourism dividends must also benefit our community and our residents.