When Is an HOA/Condo Rental Amendment Unreasonable? (NC)

When it comes to declaration amendments, our firm is most often asked about restrictions on rentals, whether complete or percentage bans, restrictions on short-term rentals, or limiting corporate rentals.    In a decision issued this week (February 21, 2024), the North Carolina Court of Appeals struck down a condominium rental amendment as unreasonable.   Read the […]

Condo owners with short-term rental plans should beware (AB)

If you are considering buying a condo to operate it as an Airbnb, beware that even if short-term rentals are allowed today, there is no guarantee the condo board and/or the city won’t eliminate short-term rentals in the future. Yes, it always “buyer beware!”   Read the article…………………………….

South Carolina Short Term Rentals

The number of South Carolina short term rentals has steadily increased with each passing year. Homeowners and landlords, though, should understand the different regulations and tax laws that may apply to them. Membership in a homeowners associations also adds another layer of complexity, as many of these communities enforce restrictions on rentals in general.   Read […]

Amid short-term rental debates, some HOAs consider limits or bans (MO)

Despite some predictions earlier this year of an “Airbnbust,” bookings and profits are growing for the vacation rental company.  With the continued popularity of websites such as Airbnb and VRBO, local governments are developing new laws to regulate short-term rentals. But within cities and towns, a similar task faces another government-like entity: the homeowners association.  […]

Time’s up for some short-term rentals in B.C. as new housing rules transform scene

Nancy Paine’s short-term rental business is dead in the water.  As co-founder and CEO of Victoria-based Superhost, Paine said she had been at the forefront of the Airbnb revolution for seven years, acting as a “liaison” for homeowners needing help with the logistics of running a listing on the accommodation site.   Read the article……………………………..

Court of Appeals rejects Village of Oak Creek STR ban (AZ)

The Arizona Court of Appeals has ruled that the Village of Oakcreek Association cannot retroactively impose its 2016 ban on short-term rentals on property owners who acquired title to their property prior to the ban, reaffirming an earlier decision that defined STRs as a residential rather than a business use.    Read the article…………………………

The ins and outs of short-term rentals in your neighborhood (AZ)

Defined as “lodging rentals for less than 30 days” by the Arizona Department of Revenue, short-term rentals are becoming, to some, a preferred way to travel and stay in an area for a couple of nights or more.   Read the article……………………………

Banning Short-Term Rentals: A Guide to Local Law 18 (NY)

Short-term rental platforms, such as Airbnb and VRBO, are a thorn in the side of many co-op and condo buildings in New York City. With the recent passage of Local Law 18, often referred to as the short-term rental registration law, boards are getting some welcome relief. The law primarily targets three key entities: the […]

Sevier County Airbnb listing taken down after neighborhood action

People who live in a residential neighborhood in Sevier County were alarmed when one of the homes in their community was listed as a short-term rental. It didn’t take long to nip the issue in the bud, for those living in the relatively new subdivision.    Read the article…………………………..

The Tennessee Short-Term Rental Unit Act

The Tennessee Short-Term Rental Unit Act plays a pivotal role in regulating short-term rentals. This legislation defines how local governments can regulate short-term rentals in their municipalities and guides grandfathering existing rentals. What this Act does not affect, though, are homeowners associations and condominiums.   Read the article……………………………….

Tennessee town’s Airbnb legal drama drags on as new board members continue suing neighbors

Yard signs welcoming or not welcoming vacationers to Lone Mountain Shores have come down, but residents say the sharp divide over short-term vacation rentals is very much alive in the Norris Lake development, where newly and narrowly elected board members will continue to pursue an inherited contentious court case against neighbors.    Read the article………………………………….

Short-Term Rentals in Co-ops and Condos Plunge as New Law Kicks In (NY)

Many co-op and condo advocates applauded when the city adopted Local Law 18 last year — a tool for ending illegal short-term apartment rentals. And since the law finally went into effect last month, the reason for the applause has become clear.   Read the article…………………………….

Condo Smarts: Strata has right to limit short-term accommodations (BC)

Dear Tony: After five years of noise, security issues and damages, our owners have finally passed a bylaw that prohibits short-term accommodations. We set the limit to be anything less than 30 days for a single use, which allows for owners in our building to negotiate home exchanges and house sitters while they are away […]

NC Short-Term Rentals Regulation: A Breakdown Of The Changes

A bill introduced in early 2023 may change the current NC short term rental regulation for local governments. If passed, the bill would effectively reverse some of the existing restrictions on short term rentals in a handful of cities. While the bill’s effect on homeowners associations remains to be seen, HOA leaders should nevertheless familiarize […]

Tennessee Supreme Court Holds Restrictions Limiting Property Use To Residential Purposes Do Not Prohibit Short-Term Rentals

The Tennessee Supreme Court held today that a property owner using his home as a short-term rental did not violate homeowner association restrictions requiring that homes be used for “residential and no other purposes.” However, the Court also held that the property owner’s short-term rentals violate later amendments to the restrictions that impose a minimum […]

Citywide Crackdown on Illegal Short-Term Rentals Begins Today (NY)

In a move loudly applauded by co-op and condo boards, the city today begins its long-awaited crackdown on illegal short-term apartment rentals by such platforms as Airbnb, VRBO and Booking.com, The New York Times reports.   Read the article………………………..

Residents and business representatives present concerns about short-term rental properties (WI)

Short-term rental properties continue to be a topic of discussion in the City of Lake Geneva.  Several Lake Geneva residents and business representatives expressed their concerns regarding short-term properties and other housing-related issues to city aldermen during the city council’s committee-of-the-whole meeting, Aug. 7.  Emily Hummel, president of the Maple Park Homeowners Association, said she […]

Court Upholds Law Requiring Registration of Short-Term Apartment Rentals (NY)

In a ruling sure to thrill co-op and condo boards, Judge Arlene Bluth of New York State Supreme Court has rejected Airbnb’s attempt to overturn Local Law 18, which requires short-term rental hosts to register their units with the city before they can get paid. With the failure of Airbnb’s last-ditch legal ploy, Crain’s reports, […]

Our HOA sued a homebuyer and won. Can we recover legal fees? (AZ)

Question: We live in a beautiful community of about two dozen homes. Our community’s covenants, conditions and restrictions require any amendment of these rules to have the approval of the majority of the homeowners. Everyone in our community has always been opposed to short-term rentals.   Read the Q&A……………………………..

B.C. strata told to enforce bylaws if it wants Airbnb to end

B.C.’s Civil Resolution Tribunal has told a Lower Mainland strata to enforce its bylaws and stop owners from operating Airbnbs.  “The strata was created before Airbnb existed, and the filed strata plan says the strata is entirely for residential use,” tribunal member Kate Campbell said in her June 19 decision.   Read the article………………………..

Airbnb Files Suit Over Law Curbing Short-Term Rentals (NY)

Co-op and condo boards applauded earlier this year when the city enacted Local Law 18, which was designed to cut down on the scourge of illegal short-term apartment rentals in their buildings.    Read the article………………………..

Judge denies preliminary injunction in vacation rental lawsuit (NV)

A preliminary injunction was denied against a Lake ridge homeowner who was renting his property for less than the 60 days.  District Judge Tod Young said that the requirement of irreparable harm for a preliminary injunction was not met by the Lakeridge General Improvement District.   Read the article………………………..

Man hit with second $20,000 VHR fine (NV)

A week after being fined $20,000 for advertising a short-term rental without a vacation home rental permit, the owner of a home in Lakeridge appeared for a hearing on a preliminary injunction.    Read the article………………………..

HOAs address issues of short-term renters, rental companies (FL)

Jim Hammond was surprised.  All he did was his job as the president of the Plantation Palms Homeowners Association and then make a post about it on the social media platform, Nextdoor.  “The rest, the way it snowballed, that was surprising to me,” Hammond said.    Read the article………………………..

Be Aware of Alternative Property Uses (OH)

When it comes to short-term rentals, Airbnb has become a household name. Whether you’re traveling and need a house, apartment, or condominium for a short period, chances are you will turn to Airbnb or similar platforms. Short-term rentals not only offer families traveling together a chance to stay under one roof but also provide property […]

Contractual Considerations for Short-Term Rentals

Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships.   Read the article………………………..

Opposition to vacation rental legislation continues (FL)

City officials continue to lead the opposition to proposed state legislation that would curtail local governments’ ability to regulate short-term vacation rentals.  Senate Bill 714 and House Bill 833 seek to preempt the regulation of vacation rentals to the state, specifically to the Florida Department of Business and Professional Regulation (DBPR).    Read the article………………………..

Condo Column: Alternative short-term uses (NH)

As I have discussed in the past, the New Hampshire Legislature has not yet addressed the issue of whether using a condominium for short-term rentals is a commercial enterprise, which would illegalize them in most associations, or whether they are not so different from a tenant in a condominium with a six-month lease. In both […]

Municipal Regulation of Short-Term Rentals

Short-term rentals have become a complex topic for many municipalities, which in turn affects homeowners or Homeowner Associations interested in the issue. Various objectives of the governing body in regard to regulating short-term rentals may affect their treatment of this issue.    Read the article………………………..

Property owners concerned about SB 197

We are property owners within the city of Hot Springs and are concerned about Senate Bill 197, which would completely deregulate the short-term rental (Airbnb, VRBO, etc.) industry in the state of Arkansas. It will nullify all ordinances passed anywhere in Arkansas.   Read the article………………………..

How Should the HOA Board Handle Short-Term Rentals? (CA)

As an HOA management company, one of the most pressing issues facing homeowners associations today is how to handle short-term rentals. Short-term rentals, such as those offered through Airbnb and other vacation rental platforms, have become increasingly popular in recent years. While they can provide homeowners with an additional source of income, they can also […]