Short-Term Rental
Also known as: Vacation Rental, Airbnb Rental
A rental arrangement where a unit is leased for a period shorter than the minimum term specified in the governing documents, often 30 days or less. Short-term rentals through platforms like Airbnb and VRBO have become a significant concern for many HOAs due to issues with transient occupants, noise, security, and increased wear on common areas. Many associations have adopted rules restricting or prohibiting short-term rentals, subject to state law limitations.
Example in Context
After discovering three units were being listed on Airbnb in violation of the CC&Rs' 30-day minimum lease requirement, the board sent violation notices and adopted a formal short-term rental enforcement policy.
Common Misunderstanding
Even if an HOA bans short-term rentals, local or state law may override that restriction. Conversely, even if local law permits short-term rentals, the HOA's CC&Rs may still prohibit them if properly adopted and enforceable.
State-Specific Notes
Frequently Asked Questions
Can an HOA ban Airbnb and short-term rentals?
Many HOAs can restrict or prohibit short-term rentals through their CC&Rs or board-adopted rules, but the enforceability depends on your governing documents and state law. Some states have enacted laws limiting an HOA's ability to ban short-term rentals entirely. Review your CC&Rs and consult with the association attorney before adopting or enforcing short-term rental restrictions.