Airbnb and Neighborhood Conflicts

By Benjamin Patrick Elliott posted 09-21-2016 06:21 PM

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Hello - has anyone yet come up against having an Airbnb home in your neighborhood? We have a homeowner who sold the home to an investment company with a lease to purchase option. The company has turned it into a fulltime Airbnb and it's a nuisance. The homeowner doesn't live there but retains the address because he has (1) used a VA loan so it should be his primary residence and (2) he's getting VA discounts on the property taxes on the home in which he does not live.

Any help is appreciated. Thank you!

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Steve Candelas

11-22-2016 12:10 PM

Each city and county will have laws either regulating short term rentals or prohibiting it. Check with your local law enforcement jurisdiction to see how they handle this situation. The HOA's CC&R's should have something pertaining to this as well, if not, they may want to add it in.

Karen Carway-Meehan

11-15-2016 06:16 PM

Check the Master Deed and leasing resolution, this type of weekly " hotel " style use normally has a provision. Than letter the owner with a notification cc the attorney. Include the section of the Master Deed, than if that first notification isn't helpful ( sometimes residents don't know the restriction) than move foe legal action.

It is also a good item for your communicates, settlement statement, restrictions, web site.

Catherine E Neelley

10-09-2016 07:20 PM

Check your documents for anything that restricts uses of the property or prohibits short term rentals. LMOA Articles of Incorporation restrict all lots to single family homes. The Bylaws restrict rentals to not less than 30 days. We recently had a property owner advertise and rent on Homeaway an Airbnb type site. They were assessed fines by the Association and we filed an for a legal injunction. They paid the assessed charges, Association legal fees and sold the property.

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