D.W. from New Haven County writes:
Dear Mister Condo,
I recently heard about the website airbnb.com which allows people to rent out their condo or apartment unit for short periods of time, usually a few days. I had not yet rented out my condo unit when I was notified by the condo board that I was in violation of the by-laws. I have since removed my listing on the website, but I still have a reservation pending for later in the month. What actions could the board take against me if I decide to allow my reservation to go through? Thanks!
Mister Condo replies:
D.W., your condo is not alone in banning the use of AirBnB and similar services. There are a variety of reasons why they ban this activity but it usually boils down to wear and tear on the common elements and too many temporary users unfamiliar with the rules of the community who may also place an extra burden on the use of common elements like swimming pools, tennis courts, parking lots, etc.. It is unfortunate that you were not aware of these rules before you offered your unit for rent using one of these services. I am not an attorney so please take the following advice as friendly and not legal. For legal advice, I strongly recommend that you consult with an attorney.
There are a variety of actions the Board can take against you, and just as importantly, your AirBnB renters (who, in turn, would likely also take action against you). They can ban the AirBnB renters from the property. They can get the local police involved if they are deemed trespassers (they do not hold a legitimate lease or rental agreement). They can come after you for violating your use of the property as outlined in the condo documents. They may hit you with fines, legal fees, and whatever else the association attorney is likely to implement on their behalf. Most Boards will not be sympathetic to your cause in the least as you have violated the most basic principle of common interest ownership and that is to “play by the rules”. Of course, it could be that no one will even notice they are there but is it really worth the potential downside for a few days of rental income? My advice is to withdraw your property from the AirBnB rental service and hope these short-term renters find someplace else to stay. All the best!