Since a law prohibiting municipalities from creating short-term rental restrictions was signed into law in 2016, some Arizona homes have been constructed for the purpose of hosting overnight renters. Many Valley leaders want the state legislature to roll back or repeal Senate Bill 1350 or give local governments more tools to combat the law’s unintended […]
AirbnBe Careful What You Ban: The Coastal Commission’s Broad Authority Over Short-Term Rentals in California (CA)
Short-term rentals have been, and continue to be, a polarizing topic among residents of many California neighborhoods. This is particularly true in the beach and vacation communities along the California coast. The proliferation of short-term rentals in these areas has led to short-term rental bans regularly springing up to curb the side effects of what […]
Michigan Court Decides that Short-Term Rentals Do Not Constitute ‘Residential Use
As renting residential property via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a burden to some communities. A recent decision from the Michigan Court of Appeals serves as another in a growing […]
Case Summary – Cherry Homes v Baker (MI)
As renting residential property via websites has grown in popularity, so too have complaints from neighbors living in deed restricted communities. While these short-term rental opportunities may benefit the individual lot owners, they can represent a burden to some communities. A recent decision from the Michigan Court of Appeals serves as another in a growing […]
Resident: Lack of short-term rental enforcement puts residents and visitors at risk (ID)
Thornton Waite, the president of the Pine Haven Homeowners’ Association in Island Park, said the lack of short-term rental regulation and enforcement is putting the safety of both residents and visitors at risk. Read the entire article……………………………….
Recent Short-Term Rental Case (SD)
The Supreme Court of South Dakota recently ruled upon a short-term rental case involving a community association. In Wilson v. Maynard, No. 29307 (S.D. Jun. 16, 2021), the community association’s declaration only permitted “residential purposes”. After the Maynards began renting their property to large groups as a short-term rental, a neighbor (Wilson) file suit alleging […]
Town examines short-term rental regulations (AZ)
Fasano said during staff’s research into the issue, they contacted 26 random homeowners associations in town to see what regulations they had in place to deal with short-term rentals. He said 13 HOAs had some limitation on the rentals but were “a little nervous to enforce that, because it might get tied up in a […]
Don’t Want Your Association to Be the Next Rental Community? Then You Better Read This (FL)
Many community associations throughout Florida struggle to deal with the increase in overnight and short-term rentals caused by the proliferation of online websites such as VRBO and Airbnb. As such, many communities fear being turned into “rental communities,” especially with so many large corporations buying homes in the South Florida area for the express purpose […]
Michigan Court of Appeals affirms that short-term rentals violate HOA residential use restrictions
In Cherry Home Association v. Keith Barker, et. al., unpublished opinion of the Court of Appeals, issued October 21, 2021 (Docket No. 354841), the Michigan Court of Appeals upheld the Leelanau County Circuit Court’s ruling that frequent short-term rentals violated the residential use restrictions contained in the deed restriction for the homeowners association. The Court […]
Steamboat Planning Commission discusses role of homeowners associations in short-term rental policy (CO)
As Steamboat Springs City Council is deciding where and how short-term rentals can exist, the city’s planning commission met Monday to discuss whether homeowners associations should be able to opt in or out of any city rules. Read the entire article……………………………….
Short-term rentals allowed in most areas of Vegas Valley (NV)
Q: I am hoping you can tell me the correct way to proceed on this issue. Our homeowners association rules state that Airbnb is not allowed. Yet, when I called to complain, I was told that other homeowners have complained also, but nobody has sent proof. Read the Q&A……………………………………..
Law Review: HOAs may not retroactively prevent short-term rentals (CA)
The California Legislature is committed to addressing the state’s housing crisis. For example, local municipalities (and HOAs) may not outright ban secondary units. Also per SB 9, single-family residential zoning has essentially been upgraded to multi-family zoning (with restrictions). Read the entire article……………………………….
Cathedral City case limits HOA authority over short-term rentals (CA)
A California appeals court has ruled that a Cathedral City homeowners association does not have the authority to add restrictions on short-term rentals to properties that were purchased before such rules were in place. Read the entire article……………………………….
Homeowner Associations May Not Enforce Post-Purchase Short Term Rental Bans Against Their Members (CA)
Many owners of homes who want to rent their properties on a short-term basis within homeowner associations (HOAs) in California got a huge boost from a recent decision by the California Court of Appeal in a case regarding the emerging trend of HOAs changing their governing documents to prohibit short-term renting. Read the entire […]
Enforcement of Short-term Rental Bans: Brown v. Montage at Mission Hills (CA)
Enforcement of short-term rental bans for common interest developments (“CID”) just got more complicated thanks to a recent California Court of Appeals decision. In the recent case of Brown v. Montage at Mission Hills (Aug. 20, 2021, Nos. E074341, E075762) ___Cal.App.5th___ [2021 Cal. App. LEXIS 694].), the California Court of Appeal, Fourth District found that […]
Court Ruling in Colorado Protects Community Association Covenants, Codes, and Restrictions
The Colorado Court of Appeals on Aug. 12 determined that a town of Vail ordinance requiring condominium units to “remain in the short-term rental market” was, on its face, discriminatory and violated the Colorado Common Interest Ownership Act (CCIOA), and a condominium association was not obligated to enforce the law. Read the entire article……………………………….
Common Interest Developments May Not Impose Post-Purchase Restrictions on Short-Term Rentals (CA)
The popularity of Airbnb, VRBO and other online hospitality marketplaces has led to a large increase in short-term vacation rentals (STRs). While STRs might be an owner’s dream, they can be a neighbor’s nightmare. In response, many common interest developments (CIDs) are prohibiting STRs. A recent appellate court decision, Brown v. Montage at Mission Hills, […]
What You Need to Know About HOAs and Short-Term Rental Laws in Arizona
Short-term rentals are on the rise. Snowbirds migrate here in the winter. All seasons are ripe for outdoor escapades. Arizona attracts short-term renters year-round. The short-term rental landlord is no longer only the sophisticated commercial property investor. Even casual owners now routinely use electronic short-term rental listings to drive rental income into their pockets. Their […]
HOAs flex muscles on short-term rentals (AZ)
Short-term rentals have been a hot topic in the Village of Oak Creek and Sedona since Arizona Gov. Doug Ducey signed Senate Bill 1350 in 2016. The legislation prohibited cities, towns and counties from banning short-term rentals of residential property in 2016. Read the entire article……………………………….
A Summer of Short-Term Rentals: Planned-Community Considerations (TX)
Industry experts are predicting strong demand for short-term rentals in 2021, due in large part to a re-opening economy and pent-up demand for travel. While the decision to encourage or restrict short-term rentals varies from project to project, at minimum, the impending influx in vacation renters warrants a discussion and review of short-term rental policies […]
County honors HOA restrictions: Board of Appeals upholds planning director on vacation-rental issue (HI)
Hawaii County government won’t approve short-term vacation rentals where homeowner’s associations prohibit them, the Board of Appeals ruled unanimously Friday in denying an appeal from a Keauhou View Estates property owner. Read the entire article……………………………….
The Impact of Airbnb in Community Associations (FL)
The rise of Airbnb has been credited with an increase in unwanted guests in HOA communities. Many condominium bylaws restrict or regulate the ability to lease a condominium unit. The Federal Housing Administration’s Condominium Project Approval and Processing Guide requires that at least fifty-one percent of units be owned by owner-occupants. However, the advent of […]
Lakefront community requests rezoning to restrict short-term rentals (VA)
The Franklin County Planning Commission is moving forward with a request from Idlewood Shores residents on July 13 to begin rezoning the lakefront community to restrict short-term rentals. Read the entire article……………………………….
A look at short-term rental rules for local municipalities (NV)
With all of the recent news pertaining to short-term rentals, I thought it would be important to provide specific information per city and county regulations, as follows: Read the entire article……………………………….
Allegedly rampant illegal short-term rentals at Miami’s Opera Tower leads to lawsuit seeking class action (FL)
For years, the Opera Tower Condominium Association has allowed illegal short-term rentals to run rampant, causing building expenses to skyrocket and property values to crater, according to a recently filed lawsuit. Read the entire article……………………………….
Alabama beach visitors’ condo reservations canceled days, hours before check-in
Sanspree said it’s a reoccurring problem as insurance contractors continue to inspect condos impacted by Hurricane Sally in September of 2020. He says most condos meet their reopen date, but some don’t. Read the entire article……………………………….
Can short term rentals be limited? (MI)
Q: Short-term rentals are becoming a big problem in our condominium association, especially during the holidays and summer, where leases may be for a week or less. Short-term tenants rarely follow the rules if they even happen to know about them in the first place, damage to the common elements is on the increase and […]
Trailside45 Condo Conversion Prompts City Discussion About Short-Term Rentals, State Bills (MI)
The planned conversion of the 74-unit Trailside45 apartment complex to condominiums prompted a lengthy discussion at the Traverse City planning commission meeting Tuesday, with commissioners expressing disappointment in the impending loss of year-round rentals and concerns about an increase in vacation rentals. Several commissioners sharply criticized a proposed set of state bills that aim to […]
Short-term rentals rile Islands owners (AZ)
Public urination in the front yard, people swimming in the lakes, loud parties and fighting are some of the problems that come with short-term rentals, say homeowners at The Islands community of over 2,000 houses. Residents voiced their frustrations at an overflowing meeting last Monday as the HOA Board announced an election to amend its […]
Winnipeg condominium owners call for regulations and taxes on short-term rentals (MB)
A number of Winnipeg condominium owners describe short-term suite rentals in their buildings as “horrendous,” resulting in sleepless nights and multiple calls for emergency services. Short term units are often marketed through web-based sites such as Airbnb and Nest Host. Read the entire article……………………………….
FHFA Issues RFI on Short-Term Rental Units in Condominium, Cooperative, and Planned Unit Development Projects
The Federal Housing Finance Agency (FHFA) today issued a Request for Input (RFI) on Fannie Mae and Freddie Mac’s (the Enterprises) eligibility requirements for mortgages in condominium (condo), cooperative (co-op), and planned unit development (PUD) projects where a large portion of units are offered for short-term rental (30 days or less) or are used primarily […]
Business licenses now necessary for short-term rentals (AL)
Owners of short-term rentals, like those posted on sites like Airbnb, will now have to get a business license to continue operating in Auburn. Read the entire article……………………………….
Have Your Eyes Wide Open When Adopting a Ban on Short-Term Rentals (CO)
A trend that started just over a decade ago, and which has not let up since, is the desire for people to monetize their assets. Airbnb began its business in 2008. Uber popped up in 2009. Today, homeowners can use Neighbor to rent out their extra parking spaces to RV owners. Do you think this […]
Elk Point vacation rental lawsuit at Supreme Court (NV)
A fight over allowing vacation home rentals in an exclusive Lake Tahoe community has reached the Nevada Supreme Court. The Elk Point Country Homeowners Association is appealing an injunction issued by District Judge Tod Young that prohibits residents from renting their property. A mediation session has been set for April 27. Read the entire […]
The Importance of Well-Drafted Short-Term Rental Restrictions (CA)
Short term rentals (“STRs”), which are generally defined as rentals for periods of thirty days or less, are lucrative investments that have withstood the economic impact of the pandemic far better than traditional hotels due to the perception of them being a safer alternative. However, STRs in residential homeowners associations are known for burdening said […]
Short-Term Rentals Such as AirBNBs in Your Community (MD)
This month we are discussing short-term rentals and the impact they may have on your community as well as some of the recent laws enacted regulating the same. This newsletter also explores ways in which a community association can protect itself from the negative impacts of short-term rentals. Read the article…………………………………
Short-Term Rental Restrictions Gaining Popularity in Minnesota
Over the past few years, short-term rentals – often vacation rentals through sites like Airbnb.com, vrbo.com, and HomeAway.com – have become extremely popular. For the short-term tenants, it’s an easy way to get lovely accommodations, generally in less-commercially-focused areas of a town or city. For the short-term landlord, it’s another “side hustle” that has become […]
Residents of downtown condo say Airbnb renters are wreaking havoc inside historic building (GA)
Despite pleas from Atlanta’s mayor, thousands of people are expected in the city this weekend for Sunday’s NBA All-Star game. Many of those people will end up staying at Airbnb’s or other short-term rentals. Read the article………………………………..
Do Short-Term Rentals Constitute a Nuisance in Michigan?
Issues associated with short-term rentals are a major problem facing many Michigan homeowners associations. It is not uncommon for issues to arise between homeowners that use their property for short-term rental purposes and permanent residents. Permanent residents in historically residential communities that live next to short-term rentals often experience nuisance issues related to noise, parking, […]
Court Holds that Short-Term Rentals are Not Considered an Unauthorized “Business Use” (CA)
With Assembly Bill 3182 taking effect this past January, community association boards lost significant leeway to exercise their discretion and adopt/enforce rental restrictions. Though many rental restrictions, such as minimum lease term requirements, and “caps” on the total number of rentals within the community at a given time are intended to help maintain property values […]
Brookline condo owner has no right to rent out bedrooms on Airbnb no matter how much she may love her guests, judge rules (MA)
A federal judge on Friday dismissed a Brookline resident’s efforts to make the town let her rent out rooms in her condo on Airbnb, saying the town zoning board and building department did nothing wrong in concluding she couldn’t. Read the article………………………………….
Short-term Rentals in a Pandemic: 5 Impacts on Community Associations (IL)
The popularity of Airbnb, Homeaway, and VRBO have made short-term rentals a topic of discussion among condominium, homeowner (HOA), and townhome community associations. By conveniently bringing owners and prospective guests together through websites and apps, these online services can convert a condo or home into a revenue-making rental property with very little effort. Read the […]
B.C. landlord ordered to pay strata $15K after tenants rent condos on Airbnb
A B.C. landlord has found himself on the hook for $15,000 in strata fines after his tenants rented out his condos on Airbnb. The order is, however, a fraction of the $52,200 in fines the landlord got from the strata. Read the article………………………………….
How Community Associations Can Handle the Continuing Popularity of Short-Term Rentals (FL)
Despite a year that has drastically curtailed traveling due to the global COVID-19 pandemic, the popularity of online vacation and short-term rental platforms, such as Airbnb and others, has persisted as people have sought escapes to private homes instead of hotels and to upgrade their work-from-home routines to somewhere with a view. Airbnb is only […]
U.S. Virgin Islands: DLCA Announces New License for Short-Term Rentals
The Department of Licensing and Consumer Affairs is introducing a new business license for short-term rentals it promises will help crack down on people who rent out their residences against the bylaws of homeowners’ associations. Read the article……………………………….
Short-Term Rental Developments: Profits Not Necessary to Violate Residential Use Covenant (FL)
Short-term rental arrangements continue to plague community associations, with owners and powerful lobbying groups for companies like Airbnb constantly devising new tactics for avoiding restrictions. Read the article……………………………………
Homeowners’ Association As Vacation Destination: Short-Term Rental Restrictions In HOAs
At first blush, short-term rentals seem like a win-win situation. You can find a nice place to stay for a few nights, and it is frequently cheaper than booking a hotel. Just as importantly, vacation houses and condos rented out through Airbnb or VRBO are often more interesting places to stay, with the individual character […]
Issues with some homeowners leasing out their homes, condos for overnight rental on Padre Island (TX)
The renting of neighborhood homes for a short-term, overnight stay is causing problems on Padre Island. More than 60 homes in residential neighborhoods are currently being offered for visits of one or two days. It’s causing friction between neighbors and is getting attention at city hall…..The city and homeowner’s association are working on new zoning […]
Texas Court Ruling on Short-term Rentals Aligns with CAI Public Policy
In August, the Texas Court of Appeals ruled that state statute allows for a community association to adopt rules prohibiting short-term rentals. In this case (JBrice Holdings, L.L.C. v. Wilcrest Walk Townhomes Associations, Inc.), a two-unit owner in a community association located in Houston rented their units for periods of one to 10 days through […]