After more than a year of discussion, Aspen City Council on Tuesday passed new legislation that requires all property owners who rent their condos or homes on a short-term basis to have a business license and a vacation rental permit filed with the municipal government. Read the article……………………..
AB 3182 Creates a New Law that Restricts Community Associations’ Enforcement of Some Rental Restrictions (CA)
We have bad news. Despite a lot of lobbying work, the legislature passed, and the Governor signed into law Assembly Bill 3182 (“AB 3182”), which amends Civil Code section 4740 and adds a new section 4741 to the Civil Code. Pursuant to the new section 4741, an owner of a condo, home, lot, or unit […]
California Legislature Further Limits a HOA’s Right to Restrict Rentals
On January 1, 2012, Section 1360.2 (now Section 4740) was added to the California Civil Code to limit a HOA’s authority to adopt and enforce certain rental “prohibitions.” The legislative intent behind the law was the recognition that “the rights of Owners in [a HOA] to rent or lease their properties, as the rights existed […]
Opera Tower condo association sues Airbnb amid short-term rental crackdown (FL)
Opera Tower’s status as a short-term rental hotspot appears to be coming to an end. Amid a crackdown on tenants making money off subletting units on a nightly basis, the Miami tower’s condo association is suing Airbnb and two individuals who allegedly refused to stop renting to out-of-town guests. Read the article……………………………..
Opera Tower sues Airbnb, claims short term rentals have turned Miami condo building into ‘unlicensed hotel’ (FL)
Just a month after a 7News investigation into pandemic parties at Miami condos, one building is taking action. 7’s Karen Hensel investigates A DJ playing pulsating music, colorful lights and no social distancing. The video, posted on Instagram in late July, is not from inside a club but inside a condo unit at Opera Tower […]
Court Holds That Extensive Short-term Rentals Violated Residential Use Restrictions (MI)
In Cherry Home Association v. Keith Barker, et. al., the Leelanau County Circuit Court held that several lot owners violated residential use restrictions by engaging in extensive online short-term rentals. After holding one of the first zoom bench trials in the history of the Leelanau County, on August 26, 2020 the trial court determined that […]
Mandatory registration for short-term rental operators aids condo enforcement (ON)
The City of Toronto has recently announced that the registration system for short-term rental operators or hosts will launch on September 10, 2020. Homeowners who rent their principal home or condo on a short-term basis (a period of less than 28 consecutive days) must register with the City by the end of year and renew […]
Vancouver strata wins 5-year battle against Airbnb operator (BC)
A real estate agent who has managed several Airbnb listings in an East Vancouver building for years has been ordered to stop using his condos as short-term rentals. According to a recent decision from the B.C. Civil Resolution Tribunal, condo owner Zulkider Jiwa argued the rentals should be allowed because they were for stays 30 […]
Short-term Rental Case Impacting Community Associations
In February, the Court of Appeals of Kentucky ruled that using a property for a short-term rental didn’t classify as residential use and violated a restriction limiting the property’s use to a private summer residence. The homeowners in the case (The Hoffman Revocable Trust v. Marshall) purchased a home in a community association, which had […]
Ontario’s Airbnb ban is over, but the party never stopped in some Toronto condos (ON)
On June 5, the province lifted the temporary ban on short-term rentals, once again allowing hosts on platforms like Airbnb and booking.com to rent out cottages, cabins and condo units. But some downtown condo residents say the ban never stopped the rowdy Airbnb parties from happening anyway. Read the article……………………………….
How Should The Board Handle Short-Term Rentals In HOA Communities?
With the increased popularity of lodging apps and services like Airbnb, HOA communities are facing more problems with short-term rentals. Before banning it outright, though, your HOA board should take a look at the issue from every perspective. Read the article……………………………
Local condominiums begin following new sanitation protocols (FL)
Short term rentals are back open for business but not without new regulations. Rental agencies across the state must follow new sanitation protocols, leading them to amp up their cleaning efforts. Panama City Beach is full of short term rentals from the east end to the west end, with a high rise visible in nearly […]
Some in Northwest Florida keeping vacation rentals open illegally, condo manager says
Florida’s ban on vacation rentals will stay in place through the first phase of reopening the state. The decision is being met with mixed reactions. While the beaches have reopened, people have been able to book hotel and motel rooms. But when it comes to vacation rentals like Air B&B’s, those are still remain banned, […]
MICHIGAN COURT OF APPEALS AFFIRMS SHORT-TERM RENTAL BAN IN RESTRICTIVE COVENANT
As we previously discussed on September 21, 2017, in Michigan Court of Appeals Rules in Favor of HOA on Short-Term Rental Ban, Michigan courts have consistently held that short-term rentals violate “residential use” and “non-commercial use” restrictions contained in restrictive covenants. On November 30, 2017, in Eager v Peasley, et. al., published opinion of the […]
Airbnb hosts are upset that the company is refunding travelers but not covering hosts’ costs
Airbnb hosts are beginning to feel the impact of the coronavirus pandemic following a change by the company to its cancellation policy that has allowed guests traveling over the next month to receive full refunds on their bookings. Read the article……………………………….
Scottsdale HOA bans short-term rentals (AZ)
While Arizona legislators debate whether or not to hand regulatory powers back to cities to rein in short-term rentals, some Scottsdale home owners associations are taking matters into their own hands. Read the article…………………………….
Vancouver strata president busts illegal Airbnb by renting condo unit, owner fined over $46,000 (BC)
A Vancouver condo owner was found to have repeatedly violated her strata’s bylaws by using her unit for short-term rentals. For these offences, Suqian Zhang was ordered by a B.C. Civil Resolution Tribunal to pay a total of $46,400.77 in fines. Read the article…………………………
Police had no right to seize hidden bedside camera from Airbnb condo, judge says (ON)
A police officer had no right to enter a condo rented to an Airbnb guest who found a video camera hidden in a clock pointed at the bed, an Ontario judge has ruled. The decision effectively ended the voyeurism prosecution of the Toronto condo owner, Michael Chow. He had argued police had breached his rights […]
Legislators shouldn’t meddle with HOA restrictions (TN)
No cause has had a better advocate than Pamela Davis Needham, who is working against proposed state legislation that she says would limit homeowners associations on many issues, including restrictions of short-term rentals. Needham is founder of Save Our Neighborhoods and represents three local HOAs. She is working with Scott Ghertner of the 50-year-old Ghertner […]
Why this strata’s bylaws on Airbnb were deemed unenforceable (BC)
If you own a strata lot in Vancouver, can you use your unit for short-term accommodation through Airbnb? Yes, if your strata bylaws support short-term rentals in your building, according to Airbnb. But in two recent cases before the province’s Civil Resolution Tribunal, the tribunal concluded that a strata’s bylaws were unenforceable because they were not […]
Montreal Airbnb hosts ordered to pay more than $50,000 to condo syndicate (QC)
Read the article………………………..Tenants of a downtown Montreal condo complex have been ordered to pay more than $50,000 after an undercover investigation revealed they were renting out units on Airbnb against the building’s regulations.
Miami Condo Owners Wager on $40,000-a-Night Super Bowl Rentals (FL)
Jennifer Restrepo circled Super Bowl weekend on her calendar and decided to make a bet. Restrepo, who manages short-term rentals for Miami condo owners, kept her listings quiet as she gauged demand and watched competitors set prices. Now, she’s blasting out Facebook and Instagram ads that position her beachfront units as the perfect base to […]
Some condo owners could face fines if they rent their homes during the DNC (WI)
While a lot of residents would like to rent their homes out for the Democratic National Convention (DNC), for some that live in condos it could be a tricky process. Read the article……………………………
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
Ogden residents vote to regulate short-term rentals (NV)
The Ogden high-rise in downtown Las Vegas, a case in point in the fight against illegal vacation rentals, has almost entirely relied on the city for policing for a decade. But now for the first time, enforcement is possible in-house. Read the article………………………….
Addressing violations on short term rentals (FL)
Q: As the winter months approach, we anticipate a lot of vacation renters accessing the property through various vacation rental websites. In the past, we have had a difficult time addressing these violations because the tenants are gone before we are able to act on the violation. What can we do in anticipation of this […]
Can Your HOA Say No to VRBO? (AZ)
In the not-so-distant past, if you wanted to get from one place to another without a car of your own, you would call a taxi, with your only choice being which of the many taxicab companies to call upon. Now, of course, calling a taxi is scoffed at as being “old fashioned” and overpriced, with […]
Australia: Body corporate gets Airbnb banned from Gold Coast complex in Queensland first
In a landmark ruling, a Gold Coast body corporate has succeeded in having Airbnb rentals banned from its complex. Two property owners on Fairway Island within the Hope Island Resort gated community wanted to list on the short-term rental site but a magistrate ruled in favour of their body corporate, which was against the proposition. […]
Short-Term Rentals (ban) Ruled Illegal in Miami Beach, Now What? (FL)
Last week, a Miami-Dade County Court struck down Miami Beach’s ban on short-term rentals, which prohibits rental periods of less than six (6) months and one day in single-family and multifamily residential buildings located in certain areas. Specifically, 11th Circuit Court Judge Hanzman ruled that the City’s ordinances regarding short-term rentals are in direct conflict […]
Regulating Short-term Rentals in Your Colorado Community
Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days. Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. While that may seem like an appealing way to make money for […]
Suit targets short-term rentals at Capitol Beach (NE)
A lawsuit filed last week alleges several homeowners at Capitol Beach are renting out their homes on a short-term basis, in violation of neighborhood covenants. The lawsuit was filed Wednesday in Lancaster County District Court by the Capitol Beach Community Association, which is the homeowners association for people who live around Capitol Beach lake in […]
City Council grants short-term rental license over HOA objections (OK)
The Stillwater City Council heard its first appeal Monday from the owners of a house in Crestwood Estates who were denied a permit to use their property as a short-term rental. The hearing raised issues of how much freedom homeowners have to do as they please with their property, and how much control homeowners’ associations […]
Rental Restrictions in an HOA Community
Although a person owns their home and can do (more or less) what they want with the inside, if they live in an HOA, the association can actually place limits on the homeowner’s ability to rent their home. Though it may seem that such limits are restrictive, they actually serve to protect the integrity of […]
Neighbors fight plan for B&B in subdivision (MI)
The battle over a homeowner’s plan to use his residence as a bed and breakfast took center stage at the Georgetown Township planning commission meeting Wednesday evening. The owner of a home in the 6300 block of Walton Heath Dr. off Port Sheldon Street requested a special use permit from the township so he could […]
Vacation Rentals – What can you do to maintain your association’s right to restrict short-term rentals? (FL)
Unregulated, commercial short-term rental operators are threatening Florida community associations by spending millions of dollars to push for legislation that would force short term rentals into neighborhoods in violation of adopted deed restrictions meant to protect the rights and home values of the homeowners. Read the article……………………….
Adapting to Short-Term Rentals: What You Need to Know About Restrictions (FL)
Last month, our CUP touched on the fact that in the City of Miami Beach, illegal rentals might mean jail time. The problem, however, is not limited to beach front condominiums. Many single family home and townhome communities are facing similar issues. These homeowner associations, struggling with short term rental issues, want rental policies that […]
New Short-term Rental Trends in Community Associations
Less than a decade ago, CAI began tracking rental legislation impacting community associations. At that time, only a handful of states were legislatively addressing the issue. Fast forward to 2019, CAI is tracking 79 rental related bills in 29 different states impacting community associations. New trends in short-term rentals are surfacing as community associations navigate […]
Vancouver condo owner takes offence to Airbnb rental’s risqué business (BC)
Todd Skene hadn’t planned on having the birds and the bees talk with his four-year-old son. That changed Saturday morning. Two women wearing next to nothing were bumping and grinding on an apartment balcony 20 feet from his son’s window.
Illegal Rentals Might Mean Jail Time (FL)
Owners with illegal unit rentals can end up in jail. At least they can if they live in Miami Beach. The City of Miami Beach is on the forefront of municipalities cracking down on illegal Airbnb rentals. The city announced it will prosecute hosts who provide fake business license numbers in order to list their […]
Enforcement: Short-Term Rentals
Short term rentals are becoming more and more popular, especially in Arizona. Pursuant to ARS 33-1260.01(A) / 33-1806.01(A), “A member may use the member’s property as a rental property unless prohibited in the declaration and shall use it in accordance with the declaration’s rental time period restrictions.” Read the article……………………………..
Homeowner’s associations have more tools to deal with short-term rentals (AZ)
Homeowner’s associations that have approved sets of conditions, convenants and restrictions — commonly called CC&Rs — have the ability to not necessarily prevent owners from renting out all or part of properties overnight or for short periods, but to at least mitigate the consequences of misuse of rental property. Read the article……………………….
Condo Association Strategies, Services to Address Short-Term Rentals (FL)
Condominium associations and HOAs throughout South Florida as well as across the country are seeking effective responses to the problem of short-term rentals that are in violation of their rules and restrictions. These unauthorized rentals, which have become prevalent with the growth of Airbnb and other online home-sharing platforms, can create a revolving door for […]
How a short-term rental dispute in Indio landed in the California Supreme Court
In 2016, homeowners in Indio’s Orchard community were weighing an election-year decision. Should they — or shouldn’t they — restrict short-term rentals in their neighborhood? At the time, vacation rentals had become a contentious issue throughout the Coachella Valley, and The Orchard was no different. For years, opposing factions within the 93-unit community had disagreed […]
Short-Term Rentals: Are They Helping or Hurting Your HOA? (CA)
Online short-term rental brokers (think AirBnB, VRBO and HomeAway) are here to stay. While the new sharing economy has opened up lots of opportunities for homeowners to generate additional income, these peer-to-peer business models can create headaches for homeowners associations. This is an issue that many San Diego, Inland Empire and Orange County HOA management […]
Short-term rental trend puts owners at odds with condo association rules
Q: My community has a “four-month minimum” rental restriction. I don’t have a major problem with that. However, as a retiree, I belong to a home exchange group to be able to travel affordably. (Free lodging makes travel cheap.) I want to exchange my home for another for just a few weeks, but the community […]
Short-term Rentals – Should Your Association Consider Banning Them? (NC)
In early June, 2019 at an apartment in uptown Charlotte, gunfire erupted at a graduation party. One person was killed and three more were injured, one of them critically. Residents of the entire complex were forced out of their units into the street in the middle of the night while the police conducted their investigation. […]
License to rent: Airbnb-powered condos coming to Austin (TX)
A new concept debuting in Austin combines condo ownership and short-term renting with 249 hotel-licensed homes. Unit owners will purchase condos with the intention of listing their unit on the Airbnb platform or independently or through Natiivo management, a new brand by NGD Homesharing. The development planned for 48 East Avenue in the Rainey Street […]
The Latest on Short-Term Rental Litigation and Legislation
The sharing economy phenomenon and use of online platforms like Airbnb and VRBO, which facilitate short-term rentals, has significantly transformed the dynamics of renting property. The popularity of Airbnb and VRBO has created a unique housing market where short-term rentals provide considerable income for some community association owners, particularly those in vacation destination and resort […]
Taking Care of Business: A Strata Council’s Guide to Governing Short-Term Vacation Rentals
California Dreaming is a 120-unit residential strata corporation in Vancouver, British Columbia. Like many strata corporations, California Dreaming is grappling with increasing reports of owners using their strata lots for short-term vacation rentals. The Strata Council has also started receiving complaints from owners who are concerned with compromised building security, insurance coverage, and diminished enjoyment […]