E.O. from Somerset County, Maryland writes:
Dear Mister Condo,
How can we prevent short term rentals in a small HOA of 28? How do you enforce it?
Mister Condo replies:
E.O., you can prevent short-term rentals but you must follow the rules for making rules as dictated by your governance documents and/or state law. Many HOAs already have rules against short-term rentals so be sure to check your documents to make sure you don’t already have them. Also, understand that investors who have purchased into your association for the sole purpose of short-term renting will fight any changes to the rules. My best advice to any association that is serious about banning short-term rentals is that they speak with a local, knowledgeable community association attorney who can assist them in the steps to take so they cannot be challenged by a unit owner who is set on using AirBnB or other short-term rental service to keep the income flowing from short term rentals. All the best!
As always, I ask managers and board members to check their governing documents. Then I check with the municipallity about what is allowed. As a community association manager, with a membership that is against short term rentals, I have no hesitation to call the municipality and report the offenders. Play with fire in my association and you will get burnt.