Harbour Island Condominium Owners Association, Inc. v. Alexander, No. B285755 (Cal. Ct. App. Jan. 24, 2019) Summary In Harbour Island, the Court of Appeals of California held that tenants renting a unit that was part of a condominium association did not have standing before the board concerning meeting attendance and fines imposed for violations. The […]
Tenants Due Process Rights are NOT the same as Owners Rights Read More »
Those of us involved in condominium management, whether as board members, officers, property managers or attorneys, know that VRBO and AirBnB have changed the way units are rented. Short term rentals are viewed by many associations as a problem that should be solved. Specifically, these associations and managers would prefer that short rentals (most often
Can I Use the Prohibition on “Commercial Activity” to Preclude Short Term Rentals? Read More »
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
Short-Term Rentals—A Tale of Two Cases Read More »
A recent New York Court dealt with an issue on leasing (Olszewski v. Cannon Point Association, Inc., 148 A.D.3d 1306 (2017)). The Board adopted rules and regulations that placed restrictions on leasing that contradicted relevant portions of the Association’s Bylaws. The Association then fined the owner for violating these restrictions and the owner sued. The
Can the Association’s Documents be Contradictory and Still Enforceable? Read More »
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
Banning Short-Term Rentals Read More »
