With more foreign travelers keen on renting Japanese private homes amid an inbound tourist boom, residents in high-rise condominiums are doing the opposite of what one might expect: forbidding home-sharing services due to concerns about security and living conditions around their properties. Daisuke Shimada, 54, leads a tenants’ association group that campaigns against residents or […]
City of Toronto Releases Reports Recommending Short-Term Rental Regulations (ON)
The City of Toronto has released two reports recommending short-term rental regulations, one dealing with zoning by-law amendments and the other recommending a registration and licensing program for short-term rentals. Read the article…………….
We Want Our Neighborhood Back: A North Carolina Homeowners Association’s Guide to the Use and Enforcement of Rental Restrictions
Lending you a cup of sugar, offering to watch the kids, or grilling out on a summer afternoon— whatever the activity, our neighbors are a key part of what makes our communities familiar and unique. Neighbors help make a neighborhood into your neighborhood. Ideally, the people you share your community with hold similar values and […]
Short-Term Rentals in Flagler County: The View From Home Owners’ Associations (FL)
Two weeks ago the Florida Senate Community Affairs Committee met in workshop to discuss short-term rentals across Florida, an issue that has bedeviled Flagler County since county government in 2013 and 2014 successfully led the way to a new state law that allows for a measure of local vacation-rental regulations, reversing a 2011 law that […]
Restrictive Covenants: The Impact on Washington Condo Owners
In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in particular for a restrictive covenant imposing a rental cap restriction. However, the Supreme Court also left unanswered some questions regarding the percentage approval necessary […]
Strata Sorrows for Opponents of AirBNB
The Tribunal responsible for determining strata disputes in NSW recently ruled in favour of an applicant who had challenged a by-law enacted in her strata scheme which had the effect of banning short-term letting in the building. She had been renting out her apartment using AirBNB in particular. In the decision in Estens v Owners […]
Vacation Rentals in Your HOA
Vacation rentals are booming, and HOAs are struggling to keep up with the impact on the communities that they govern. Vacation rentals are a lucrative business. From 2015 to 2016, Airbnb doubled revenue, with an estimated $12.3 billion in reservations.1 HomeAway (VRBO) has also had huge growth with an estimated $14-$16 billion in vacation rental […]
Michigan Court of Appeals Rules in Favor of HOA in Short-Term Rental Ban
Short-term rental websites such as AirBNB, Booking.com, FlipKey, HomeAway, Homestay, House Trip, Roomorama, Tripping.com, Trivago, VBRO and VayStays have become an increasing concern for Michigan condominium and homeowner’s associations that are populated by full time residents. The rise of short-term rental websites has led owners and investors to seek out extra income by renting their […]
Will Short-Term Rentals Be Limited in Northern Michigan?
Among members of lake associations, condo associations and local zoning boards, setting limits and operating rules for short-term rentals has long been part of the conversation—sometimes contentiously so. But online booking services like the longtime player Vacation Rental by Owner (VRBO) and the surging Airbnb have poured kerosene on a smoldering fire, explains cottage law […]
Short Term Rentals: How It Affects Homeowner Associations
Short-term rentals are homes that are rented out through companies such as Airbnb which alone is valued at about $24 billion. Other, smaller companies such as VRBO, Housetrip, and Roomorama play similar roles in providing homes to vacationers that from one night to just a few days or a week. These rentals can be great […]
Short-term Rentals Create Ongoing Concerns for Condo Associations
The short-term rental of residential property is producing long-term concerns. Those concerns, which were just emerging when I wrote about this issue three years ago, have grown exponentially as short-term vacation rentals have ballooned, creating what is now a $34 billion business and triggering an avalanche of conflicts and complaints to which the governing boards […]
Vbro & Airbnb: What You Need To Know – The Business Of Short-Term Rentals Is No Business At All
In a recent Rembaum’s Association Roundup article regarding Florida’s newest non-native invasion of overnight rentals through Vacation Rentals by Owner (VRBO) and AirBnB, we discussed what an association can do in order to protect its community from becoming the newest unnamed hotel/motel through the adoption of lease restrictions and lease approval requirements. Although these methods […]
Debating Future of Airbnb in Fairfax County Supervisors are considering updating its zoning ordinance to allow short-term rentals (VA)
Right now, there are more than 300 rentals available in Fairfax County through Airbnb — all illegal. Airbnb, which is a lodging reservation website, is just one company that gives its users the ability to list spare rooms, apartments or entire homes for strangers to book for an amount of time and fee of their […]
HB 4503 and SB 329: Recent Skirmishes Regarding Short-Term Rentals and Their Effect on Community Associations
Tourism is a major part of the Michigan economy and its significance continues to grow. From 2010 through 2014 tourism employment growth even outpaced overall state employment growth. Further, for each month between 2015 and 2017, Michigan’s visitor occupancy rate has increased over the prior year’s occupancy rate for every month, except for two. This […]
Airbnb, state of Michigan agree to new tax structure
San Francisco-based Airbnb and the state of Michigan have agreed that the online room-rental platform will now collect and pay a use tax. Under the agreement, starting July 1, Airbnb will collect a 6 percent tax from users of the service and then directly pay the state, said Ben Breit, Airbnb’s Midwest press secretary. The […]
Will Toronto’s Proposed Airbnb Regulation Help Condos?
Last week, Toronto’s Executive Committee approved a draft plan to regulate Airbnb. Amongst important changes, Toronto proposes the creation of a new zoning by-law and the adoption of new licensing and registration requirements. It also proposed to limit short-term rentals to principal residences. Will this help condos regulate short-term rentals? Read the article…………….
Issues That Cross State Lines: A Look at Condo Legislation Trends
When it comes to legislation and legal issues that apply to condo associations, co-ops, and other multifamily housing models, the focus is often local—city ordinances, council meetings, and so forth – but there are judgments handed down and bills passed that impact buildings and HOAs on a national level. For boards and managers who want […]
Airbnb plays trump card straight into hands of NSW strata owners
As Airbnb ramps up its efforts to avoid being locked out of Sydney’s apartment buildings, through wall-to-wall advertising on the internet, TV and in print, it has produced its trump card ??? and it may play straight into the hands of anti-holiday letting strata campaigners. Its proposed Friendly Buildings Program allows strata building owners’ corporations […]
Florida’s Newest Non-Native Invasion – Overnight Rentals
With little doubt, purchasing a home is one of the most significant investments you can make. In order to help protect that investment, many purchasers choose to buy homes within community associations that include homeowners’, cooperative and condominium associations. Behavior within community associations is governed by a declaration of condominium or declaration of restrictions, along […]
Court Ruling Delivers Setback to Community Associations Restricting Short Term Vacation Rentals (FL)
The regulation of vacation rentals continues to be a hot button issue as companies like Airbnb.com and Vrbo.com are taking their fight to Florida’s legislatures and courts in order to open up Florida markets to their share economy businesses. The vacation rental companies scored a victory in April when the Florida house passed HB 425 […]
Netherlands: More Dutch homeowners associations ban Airbnb rentals
An increasing number of homeowners associations have problems with Airbnb rentals, according to umbrella organization VvE Belang. A number of recent court rulings indicated that Airbnb rentals are not allowed without the permission of the homeowners association, and more and more are considering banning rentals to tourists, the organization said to BNR. Read the […]
Airbnb in Condos: Focus on British Columbia
As in Ontario and many other jurisdictions, Airbnb and similar short-term leasing web-based services are big business in British Columbia. While some condo communities have embraced Airbnbs, requiring owners to provide guest information to the concierge and charging user fees to pay for increased security, etc., other condo communities which are not suited to this […]
Vail records more than 1,400 unlicensed vacation rentals (CO)
Owners who use internet services to rent out their condos, townhomes and other units for short-term rentals are supposed to get Vail business and sales tax licenses. That isn’t happening. As rent-by-owner services including Airbnb and Vacation Rentals by Owner have become common options for travelers, cities of all sizes have struggled with how to […]
AirBnB’s popularity adds to short-term rentals debate in West Michigan
AirBnB, an online rental marketplace that has become a go-to place for those seeking vacation and business rentals, allows travelers to scan available homes for rent in specific areas and quickly book a time. These AirBnB customers are asked to share who will be staying at the rental space, why they are visiting and acknowledge […]
Does your Community Association have sufficient protections in place for Short-Term Vacation Rentals?
With the rise in short-term rentals through popular sites like Airbnb, Inc. and Vacation Rentals by Owner (VRBO), homeowners and condominium associations face new challenges in policing owners who violate restrictions against short-term leasing. This is especially true in Florida where many people seek out vacation rentals every year. Not only does this type of […]
Airbnb Legal In Your Condo? Here’s What You Need To Lookout For
The popularity of Airbnb.com and other short-term accommodation rentals booked through “home sharing” websites is growing. Meanwhile, condo associations across North America battle against the trend to protect their communities from a revolving door of Airbnb renters. While condo boards take steps to control how owners are allowed to rent out units, it’s important to […]
Airbnb and VRBO and your Home: Regulating The Shared Economy
The “Shared Economy”— where economic and social activity occurs directly between individuals with the help of an online format— is reshaping our national economy. Today we can easily monetize everyday assets, including your car and home, in ways that were previously impossible. This innovation and advancement has not occurred without growing pains, many of which […]
Condo units in the Timbers can now rent short term (CO)
The Mt. Crested Butte Town Council approved a new plat for the Timbers Condominiums that includes an amendment allowing for short-term rentals. The Mt. Crested Butte Planning Commission recommended approval of the second amendment to the plat, as well as 70 percent of the Timbers unit owners. The original document contained a clause that disallowed […]
AirBnB: Please Stay Away From Our Condos
It is estimated that over one million visitors came to Washington for the innauguration – some to applaud and some to protest our new President. Where did all these people stay? Some were in hotels, although room rates in downtown places were astronomical; others stayed with friends. And many signed up for lodging with AIRBNB, […]
Short-Term Rentals in Associations
Have you wondered whether it’s allowed to rent out your home on a short-term basis? After hearing so much in the news lately about short-term rentals arranged through websites or mobile apps such as Airbnb. The answer really depends on many factors, including where your home is located, what type of home you own, and […]
AirBnB’s in Denver? Not So Fast!!! (CO)
Airbnb’s continue to increase all over the country and, oftentimes, wreak havoc in community associations. Denver has a new ordinance 0262 that became effective December 31, 2016, throwing a slight monkey wrench into the process. Pursuant to the new ordinance, homeowners must now obtain a license from the Denver Excise and Licenses Department before they […]
How Condominium Associations Can Deal with Airbnb Rentals (FL)
Online third-party rentals have become quite popular in recent years. Many unit owners see these companies as an opportunity to bring in additional income by renting out their unit on a short-term basis, sometimes even just for a weekend. Most condominium communities do not want short-term rentals of units. Short-term rentals can reduce property values, […]
AirBNB & VRBO: Do My Neighbors Have a Say? (TX)
Following his transfer to Houston, Ruel Benda decided to keep his posh gated neighborhood Rodeo Drive house and started advertising it on AirBNB. His profits were so good that he began renting for 7 days or less. Insisting that Benda’s home use was commercial and not residential, a violation of his property owners association’s (POA) […]
Airbnb Is Incompatible with The “Single Family Use” Provision of Most Condo Declarations (ON)
With the growing interest in the “sharing of economy”, Airbnb and other short-term rental websites are often causing headaches within condominium communities across the province and beyond. In many cases, condominium corporations have had to adopt rules to attempt to regulate the leasing and occupancy of units within their complex. While useful, these rules may […]
Condominiums Battle Against Short-Term Rentals
With the growth in the “sharing economy”, many condominiums have been forced to turn their minds to the issue of short-term rentals. While some investor owners are listing their units on short-term rental sites in order to maximize the revenue generated from their units, many resident owners do not welcome short-term rentals. From the perspective […]
Short-term rentals, long-term fix
The planning department for the city of Spokane is trying to get the word out that short-term rental operators using online home-stay networks such as Airbnb and VRBO are required to obtain licenses from the city and state. The Spokane City Council adopted a short-term rental licensing ordinance last year. Read the article…………….
How HOAs Can Solve Short-Term Rental Challenges
With the growing popularity of peer-to-peer short-term rental services like Airbnb and VRBO.com, HOA boards face a number of new, rental-related challenges. On one side are homeowners who want to generate income through their property. On the other side are the potentially adverse impact on neighbors, common spaces, and community enjoyment. These issues are solvable […]
New York and Airbnb head back to court over illegal short-term rentals, and it may all come down to the Communications Decency Act
In a spate of cases across the country, Airbnb is opening up a line of attack that pits Internet freedom against land use regulation. The shield Airbnb seeks to use these days is primarily the Communication Decency Act Section 230, which provides that, “No provider or user of an interactive computer service shall be treated […]
New Arizona Law Could Affect Homeowner Associations
Governor Ducey signed SB1350 on June 12, 2016, and it becomes effective January 1, 2017. The bill prohibits municipalities from restricting or regulating the ability of homeowners to use their property as vacation rentals and short-term rentals, with certain specified exceptions. Some homeowners welcomed this legislation because it removed obstacles to renting their home on […]
Short Term Rentals in Community Associations and Cities – a Constantly-Changing Landscape
Rental restrictions have been a topic of conversation among those living in and serving community associations for several years. However, in the past few years the conversation has shifted from things such as rental caps to specific provisions regarding short term rentals. Associations are understandably concerned about short term rentals given that associations are “shared […]
Short Term Rentals
Short-Term Rentals (“STRs”), which can encompass everything from nightly rentals to thirty day rentals to six month rentals, have become a hot button issue in common interest communities since the inception of websites such as airbnb, VRBO and HomeAway. The market for STRs in Colorado increased exponentially with the legalization of recreational marijuana. The dramatic […]
Reasonable Doubt: are my neighbours allowed to rent their condo units through AirBNB?
Airbnb is a popular service that allows people to rent rooms, apartments and entire homes on a short-term basis. But the online community has come under fire in Toronto. As the proliferation of short-term rentals continues, condominium unit owners are increasingly concerned about security and noise. I am often asked whether condominium unit residents are […]
Should Your Condo Association Offer Short-Term Rentals?
Things are being changed around in the condo association industry now that we have services like Airbnb that offer short-term rentals. With these types of platforms, it’s fairly easy for property owners to rent out their spaces to travelers who are looking for a short-term place to stay. This can be a problem because in […]
Is Short-Term Leasing a “Commercial Use”?
In Houston v. Wilson Mesa Ranch Homeowners Association, Inc., the Colorado Court of Appeals held that short-term rentals did not violate a covenant prohibiting commercial use of a unit. However, this ruling did not indicate that all restrictions on short-term rentals are unenforceable. Although this case was decided in Colorado, and it is not binding […]
Limited Residential Lodging (e.g. Airbnb) – Is It Allowed in Your Association? (VA)
What exactly is limited residential lodging? It is, in essence, renting of rooms or entire homes or condo units for short term occupancy i.e. less than 30 days. Airbnb provides a searchable online marketplace that enables homeowners to list for rent all or a portion of their homes and prospective customers can choose to rent […]
Court finds that strata owners in Victoria cannot make rules to prevent the use of an apartment for short-term lettings (BC)
In a landmark ruling, the Supreme Court of Victoria has found that planning law, not strata law, is to govern short-term lettings of strata apartments. Specifically, in Owners Corporation PS 501391P v Balcombe [2016] VSC 384, Justice Riordan found that a rule made to prohibit the use of a residential lot ‘for any trade or […]
Chicago Adopts Home Sharing Ordinance
After heated debate for months in the City Council, Chicago finally adopted its short-term and shared housing rental ordinance on June 22, 2016. The final version of the ordinance affords condominium and homeowners associations protections against the growing number of short-term vacation rentals, through platforms such as AirBnB and HomeStay, that have association Boards concerned […]
Allegan County Trial Court Rules That Short-term Vacation Rentals Violate Deed Restrictions (MI)
As mentioned in our previous blog article, technological advancements have increased the ability of individuals to do short-term leasing, as opposed to the traditional long term, six month or greater, leasing arrangement, in particular looking at the new phenomenon of Airbnb. Websites such as Airbnb, VRBO and Homeaway are often used by short-term lessors and […]
5 Airbnb Condo Management Tips To Avoid Conflicts
Airbnb condo rentals offer a good secondary income for owners, but not all residents are on board. Here are some condo management tips for handling the conflict. Read the article……………
The Rise of Airbnb: What Condo Associations Need To Know About Short Term Rentals
Instances of home-sharing have skyrocketed recently due to the rise of websites such as Airbnb.com. For a small fee, these websites connect homeowners with people who want to find a place to stay for one night at a time. Homeowners rent their entire home or even a single bedroom therein, for a profit. But conflicts […]