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 […]
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…………………
Marquis Miami’s condo board sues unit owner for violating short-term rental prohibition (FL)
Front desk personnel at the Marquis Miami luxury tower near American Airlines Arena began logging the number of guests entering a unit on the 18th floor on March 13. Over the next 10 days, more than two dozen visitors were granted access to the two-bedroom condo owned by DDW Property Holdings, LLC, a recently dissolved […]
Here are 3 ways state lawmakers could disrupt (or shore up) short-term rentals in Texas this session
For years, short-term rentals – the rooms, cottages, condos and homes on apps like Airbnb and HomeAway – have been the subject of lawsuits and hand-wringing on the part of regulators and people looking to rent out properties. Texas lawmakers haven’t yet figured out how to regulate them, but a handful of bills have been […]
Paradise Valley HOA sends message about short-term rentals: Not in our neighborhood (AZ)
Mark Snyder had lived in Camelback County Club Estates in Paradise Valley for three years when he began noticing changes in the neighborhood: trash stacked up on the curbs, red Solo cups on the front lawns, blaring music and 12-passenger vans parked on the street. The homes were being rented out on VRBO and Airbnb […]
“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 […]
Rules on short-term vacation rentals can cause the most consternation in condo associations
Q: We are buying a vacation condo, which we plan to use in the winter months but also hoped to rent it in other months. We just learned that the condo association has recently adopted new rental rules. Current owners can rent with 30-day minimum stays. The new rule is that new owners now must […]
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 […]
Rent out your home on sites like Airbnb? You’ll have to abide by new rules next month (CO)
Those who rent out their homes on sites like Airbnb and VRBO will now be required to alert their insurance companies in addition to Denver and their homeowners association. Read the article………………..
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 […]
D.C.’s new short-term-rental rules allow room for condo associations’ existing bylaws
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 move-out traffic that creates maintenance distress, […]
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 […]
Buildings’ Lack of Knowledge of Wrongful Short Term Renting — No Defense to Steep NYC Fines
New York City coops, condos and other community associations must take action to ensure they are in compliance with short term rental rules. If not, it will be difficult to defend against the thousands of dollars in fines that NYC is imposing for violations. And, lack of knowledge of the illegal short term renting, is […]
Limited Vacancy: Florida Appeals Court Rules in Favor of the City of Miami’s Airbnb Rental Ban
Florida’s Third District Court of Appeal handed down a win for local governments on Wednesday when the Court reversed a previous Circuit Court injunction that barred the City of Miami from enforcing a ban on short-term rentals in residential areas of the City. Read the article………………….
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 […]
Tort Liability and Short-Term Rentals: What Owners and Community Associations Should Know (VA)
The internet has undoubtedly changed the way people work, shop, travel, and consume. The internet, specifically Airbnb, is also changing how people view and arrange for housing. According to AirBnb’s website, over two million people book on AirBnB each and every night. AirBnB has listings in over 81,000 cities in over 191 countries. Short-term rentals […]
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; […]
City officials conduct one of the largest Airbnb raids at Far West Side condo building (NY)
The city’s Airbnb enforcement officials raided the Far West Side Atelier condominium last month, handing out nearly two dozen violations to owners who allegedly rented out apartments on the home-sharing site. And the crackdown — one of the largest yet on short-term rentals — could be a sign of what’s to come as the city […]
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 […]
Condo Owner Awarded Damages Against Tenant Engaging in Unauthorized Airbnb Rentals (ON)
In a recent case the Landlord and Tenant Board (the “(Board”) awarded a condominium unit owner damages in excess of $4000 payable by the tenant of the unit as compensation for excessive and undue damage resulting from unauthorized Airbnb rentals. Read the article………………
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 […]
Is There a Home for Short-Term Rentals in Community Associations?
The use of online platforms that facilitate short-term rentals has exploded in popularity over the past decade. Websites like Airbnb and VRBO connect property owners or “hosts” with guests to arrange the listing and booking of homes for long weekends, summer breaks, and more Since its launch in 2008, Airbnb has earned more than $3 […]
Homeowner fighting Gilbert HOA after crackdown on AirBnB rentals (AZ)
A Gilbert homeowner is facing off with her HOA after it suddenly told residents they could not rent out sections of their homes, only their entire homes. The move was aimed at limiting homeowners’ ability to rent using Airbnb or similar products. The homeowner, who lives in Val Vista Lakes near Val Vista Road and […]
Strata Alert: BC Supreme Court rules that vacation rentals such as AirBnB do not constitute a “residential use” (BC)
According to recent news reports AirBnB “hosts” hit the jackpot during last month’s Vancouver Marathon. The success of home sharing sites like AirBnB and VRBO are drawing more and more homeowners wanting to cash in on empty suites and homes. As a result, many strata corporations are struggling with how to regulate short-term vacation […]
Texas Supreme Court sides with short-term renters
The Texas Supreme Court has sided with short-term renters, delivering a win to Texas homeowners who hope to take advantage of websites like AirBnB and HomeAway, and likely bolstering a separate, ongoing case against the City of Austin’s short-term rental ordinance. Kenneth Tarr bought a home near San Antonio in 2012, but when his employer […]
Short Term Rentals – Commercial Use? (WA)
One question we get from clients more and more frequently in this age of Airbnb (and all of its competitors) is how an association can deal with short-term rentals under their existing documents. Certainly an obvious and risk-averse approach is to record an amendment to the declaration either prohibiting rentals altogether, capping rentals, or otherwise […]
Taking Care of Business: A Strata Council’s Guide to Governing Short-Term Vacation Rentals (BC)
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 […]
Singapore: URA seeks views on 90-day rental cap, 80% approval for strata-titled homes for Airbnb-style rentals
THE Urban Redevelopment Authority (URA) is consulting the public on its proposed framework for regulating short-term rentals of private residential properties, which could affect home sharing platforms such as Airbnb. Currently, private residential properties are not allowed to be rented out for less than three consecutive months. Read the article………………
HOA Short-term Rental Rule Violated California Coastal Act
The issue of short-term rentals (or “vacation rentals”) is becoming increasingly significant for homeowners associations (“HOAs”). The concerns and problems that arise from having revolving groups of vacation renters in HOAs are well-documented, such as the fact that vacation renters are often “less careful in using the common facilities because they are not concerned with […]
Short Term Rentals in Your HOA Community
The way that many people travel has changed drastically over the past ten years. Thanks to the increase of technology and a desire for people to think out of the box when it comes to traveling, options have greatly increased. Short term rentals have become a popular way for travelers, whether on vacation or traveling […]
HOA Homefront: Bad news for beachfront HOAs regarding vacation rentals (CA)
While short-term rentals present an opportunity for homeowners to make a profit on their home when not in use, such rentals also present many potential problems for both the municipality and the association. Weekender occupants are more likely to be less courteous and responsible to neighbors. Many will argue short-term rentals are “non-residential” use of […]
California Appellate Court Blocks SoCal Homeowners Association’s Short-Term Rental Ban
A California appellate court has found that a Southern California homeowners association’s ban on short-term rentals runs afoul of the state’s coastal access law. In June 2016, the Mandalay Shores Community Association passed a resolution that barred owners of about 1,400 single-family units along the Oxnard coast from renting their dwellings for less than 30 […]
Marijuana and Short Term Rentals in Condos (ON)
Two of the hottest topics these days in condos are the challenges of dealing with short term rentals and marijuana. Starting this summer, directors, managers and condo owners will see lots of changes in legislation and municipal regulations that will impact condominium corporations. Listen to the audio……………….
Short-Term Rentals in Condos (ON)
For those condo buildings that allow short-term rentals, the challenge is ensuring that the rules are complied with and having a mechanism to enforce any breach. AirBNB’s Friendly Buildings Program has launched in Canada and a Toronto condominium corporation is the first condominium corporation to have entered into an agreement with AirBNB. […]
Short-term rentals present legal issues (ON)
Condominium boards are adopting a variety of approaches to allow or prohibit short-term rentals, as municipalities and courts have also started to weigh in on the issue. Some condo corporations, concerned with additional wear and tear as well as the security risks imposed when more people have access to a building, have imposed restrictions on […]
Can a strata by-law restrict Airbnb style holiday lettings? A new legal decision is a game changer
The news from London is that the Privy Council has decided to uphold a strata by-law which bans holiday lettings of less than one (1) month. The decision is O’Connor (Senior) and others v The Proprietors, Strata Plan No. 51 [2017] UKPC 45 (21 December 2017). Lord Carnwath gave the judgment on behalf of the […]
‘Tis the season for short-term leasing but what does your Strata Committee have to say about it? (NSW)
“I’m dreaming of a White Christmas” like many others in the lead up to the busy festive season. In recent years, short-term leasing your home while on holidays has been viewed as a popular way to generate income, resulting in exponential growth in platforms for people to host guests on short-term tenancies. We are starting […]
Short-Term Tenancy Update – City of Toronto Approves New Regulations (ON)
Last week Toronto City Council approved recommendations to create a new by-law regulating short-term stays in Toronto. We blogged earlier about the recommended regulations. Here is a quick summary of the major points City Council adopted: Read the article……………..
Singapore: Airbnb questions home sharing framework after duo charged for illegal condo rental
Airbnb has questioned Singapore’s current framework for home sharing, in response to two men being charged on Tuesday (5 December) for renting out their condominium units for short-term stay via the home sharing platform. Terence Tan En Wei, 35, and Yao Song Liang, 34, are accused of renting out four different units at D’leedon Condominium […]