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 […]

B.C. boosts enforcement on rentals, but delays tackling strata rules

B.C. is boosting education and enforcement against bad tenants and landlords, in response to recommendations from a rental task force.  But the government has yet to commit to the task force’s major recommendation to ban rental restrictions in strata buildings, instead punting the issue until next year, at least.    Read the article……………………

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 […]

Does a ‘community covenant’ mean no short-term rentals? The court will decide (PE)

A court case in Charlottetown could have “big implications” on short-term rentals in communities where community covenants are in place, according to P.E.I.’s chief justice.  The case, which began Tuesday in the Prince Edward Island Court of Appeal, pits a homeowners association against a property owner who rented out his house, online.   Read the article……………………..

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 […]

Southeast Bend neighbors sue over vacation rental (OR)

A southeast Bend homeowner is suing her neighbor because the neighbor is operating a permitted short-term rental that violates the covenants and restrictions of the community.  The vacation rental’s owners, Tina and Eric Eckstein, could not be reached for comment regarding the property on Bilyeu Way in Canal Crossing.   Read the article…………………

“Adopting Short Term Rental Restrictions,” (FL)

Q: My homeowners association is struggling with short term rentals in our community as many owners are using online providers to rent their homes for very short periods of time (sometimes nightly). It is my understanding that the board for a homeowners association can set any non-discriminatory rental policy it wants, including minimum and maximum […]

Finally! Some Push Back on Short Term Rentals (FL)

After a series of rulings adverse to community associations’ and local governments’ efforts to limit or prevent short term rentals, the Third District Court of Appeal in City of Miami v. Airbnb, etc., et al., No. 3D17-1213 (Fla. 3d DCA, December 5, 2018), upheld the City of Miami’s code ordinance preventing short term rentals.    Read […]

Short-Term Rentals—A Tale of Two Cases

Courts across the country have been hearing cases about short-term rentals of homes and condominium units, and there is not much consistency in the decisions made. Sometimes, it is the homeowners’ association that is trying to enforce its covenants in a manner that prohibits short-term rentals, and sometimes it is a municipality trying to enforce […]

Airbnb listings land some condo owners in hot water (NS)

Halifax condo owners are getting caught listing their spaces on Airbnb, despite bylaws and declarations stating rentals must be for at least 30 days.  “It has been brought to our attention that some owners are advertising their units for rent as an Airbnb unit,” read a memo posted in the lobby at Harris East, a […]

Condo rental bans may be on way out with B.C. empty home tax

Forcing B.C. strata councils to remove restrictions on rentals is part of the B.C. NDP government’s speculation tax that is taking effect this year, opposition critics say.  The move was not formally announced, but guidelines for the imposition of the vacant home tax say strata councils won’t be able to restrict rentals after 2019. B.C. […]

Residents of high-rise oppose rental ordinance (NV)

Residents of a downtown high-rise turned out today to once again ask the Las Vegas City Council not to pass an ordinance that would open the building to short-term rentals.  About a dozen property owners in the Ogden condominium building attended today’s council meeting to oppose the ordinance, a companion to a measure passed last […]

Housing Counsel: Public Condo Law vs. Private Condo Law

Q: I am the President of a mid-size condominium in Washington.  Our Bylaws specifically prohibit short-term rentals of any kind. The board – and most of our members – agree that cutting out short term rentals and subleases of less than a year helps cut down on the move in and out traffic that creates […]

Federal Court Enjoins NYC Law Aimed at Airbnb, Homeaway Short Term Renting

In a 52-page decision, District Judge Paul A. Engelmayer of the Southern District of New York put a kibosh on New York City’s short-term rental regulation that was set to go into effect on February 2, 2019. NYC has been trying to figure out an efficient way to enforce its short-term rental restrictions and this […]

NYC Issues Violations to Condos and Coops because of Illegal Short Term Rentals

Here are 3 violations issued by NYC to the Farragut Gardens Condominium at 538 East 86th Street in Brooklyn, because of short term rental violations. In that condo, just 1 unit was short term renting.  The NYC Office of Special Enforcement is issuing violations to condominiums and cooperatives because of short term rentals. Indeed, NYC […]

Board deals blow to Airbnb-type rentals (NH)

Scott Palmer says that before he bought a condominium near Paugus Bay early this year, he checked with the city and the homeowners association and determined he could offer it for short-term, Airbnb-type rentals.  But on Monday night, the city’s Zoning Board of Adjustment told the Windham man that he is not allowed to use […]

Short-Term Rentals: New Municipal Regulations & HOAs/Condos (NC)

The convenience and cost of Airbnb, VRBO, Homeaway and other platforms have made short-term rentals (sometimes called “STRs” or “STVRs” for “short-term vacation rentals”) a booming business. Airbnb said earlier this year that it has over 640,000 hosts and 4 million listings! That said, short-term rentals can bring concerns. For one, too many rentals may […]

Sun City worries that Airbnb renters are too young (AZ)

When people move to Sun City, they expect wide-open streets buzzing with golf carts, recreation centers for the retired and tranquil lake views.  They don’t picture a bunch of children running around on a pontoon boat out on the water, said Jim Hunter, president of the Sun City Homeowners Association.  “That’s not why people move […]

Court Addresses HOA Attempt to Restrict Short Term Rentals (TX)

In a recent case, the Texas Supreme Court addressed an attempt by a homeowners’ association (“HOA”) to restrict short-term rentals based upon recorded Covenants, Conditions, and Restrictions (“CC&Rs”) applicable to a residential subdivision. The property was a single-family home. The homeowner rented the home through websites such as VRBO. The HOA issued notices of violation; […]

5 Possible Solutions to Short Term Rental Problems in an HOA

Short term rentals have become a hot-button issue in HOA communities. More and more homeowners are choosing to rent their homes through sites such as Airbnb or VRBO as a convenient, low-cost way to earn additional income; however, the popularity of short-term rentals is raising concerns in associations and even opening them up to liabilities.  Read […]

HOA Homefront: Short-term rentals – both sides now (CA)

Q:  We have a guest house on our half-acre lot that we have rented out [using a short-term rental service]. We are always home in the main house when guests are present. Therefore, there never has been any issue with noise or nuisances over the many times we have rented it out. It has been […]

Ban on Short-Term Home Rentals Is a “Development” Subject to the Coastal Act

Underlining the broad and expansive definition of “development” under the California Coastal Act, the Second Appellate District ruled that a coastal homeowners’ association’s ban on short-term rentals is considered “development” subject to the requirements of the Coastal Act. Greenfield v. Mandalay Shores Community Association, 21 Cal. App. 5th (2018)    Read the article………………

How homeowners associations can protect against short-term rentals (TN)

With the exception of transit, perhaps no issue has been more hotly debated than short-term rentals and their impact upon residential neighborhoods.  While noise and lewd behavior complaints have received the lion’s share of coverage, the existence of STRs could have broader legal implications for the thousands of Tennesseans who live within a homeowner or […]

4 Steps for Enforcing Short-Term Rental Violations in Your Community

In many communities located in popular vacation destinations, short-term rentals can pose long-term problems. The residents that come and go are more interested in having a good time than helping the community thrive, and that often means that they host loud parties, leave behind trash and can even pose a security threat. Concerns like these […]

Another Victory for Condominium Associations with Regard to Rental Restrictions (IL)

Earlier this summer, Tressler LLP obtained dismissal of a source of income discrimination claim filed by an owner against a Chicago condominium association. On June 23, 2018, the City of Chicago Commission of Human Relations issued a lengthy written opinion holding that a condominium association’s restriction on leasing forbidding owners from renting their units via […]

Banning Short-Term Rentals

A Court in Louisiana recently tackled the issue of short-term rentals (New Jax Condominium Association, Inc. v. Vanderbilt New Orleans, LLC, 219 So.3d 471). A Condominium Association adopted an amendment to its bylaws during its annual meeting prohibiting short term rentals. When a Unit Owner continued to engage in short-term rentals, the Association sued and […]

Legalizing Short-Term Rentals in Fairfax County (VA)

Providence District Supervisor Linda Q. Smyth experienced a short-term rental operating illegally in her neighborhood. “I have the distinction, perhaps dubious, of being the board member with an Airbnb situation a half block from my house,” said Smyth.  “So I’ve seen the operation of it, It has not been a happy situation, it’s been a […]

California Coastal Cities’ Lone Fight for Short Term Ordinances and its Impact on Homeowner Associations

California’s housing crisis has made short term rental regulations an even more urgent concern for leaders across the state, and some cities have already set their own regulations. These regulations and internal homeowner association rules and CC&Rs provisions sometimes collide. Here is an update based on recent case law and local ordinances.       Read […]

North Van Airbnb host fined thousands for operating illegal hostel (BC)

A Central Lonsdale Airbnb host, who sometimes welcomes more than a dozen guests per night in her three-bedroom townhouse has been ordered to pay thousands of dollars in fines to her strata and shut down her illegal hostel.  But, according to residents at The Beeches townhouse complex on West 13th Street, Emily Yu is still […]

South Haven hikes short-term rental fees, adds condos to ordinance (MI)

Residents will be charged more to rent out their lakeside homes as part of ongoing changes to rules governing short-term rentals.  Monday, the South Haven City Council amended its short-term rental registration ordinance to change a one-time $20 fee to an an annual $200 fee. The City Council also set a first-time application fee at […]