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The Airbnb Controversy

Controlling short term rentals can be very difficult for community associations, co­-ops and HOAs; especially with the proliferation of internet commerce sites like Airbnb.

Community associations commonly, and justifiably, have some sort of rental restrictions in their governing documents ranging from outright bans to minimum leasing periods to screening requirements for persons who reside there for more than a certain period of time.

Community associations must work closely with management and experienced counsel to determine if someone is in fact a “guest” before taking action that might lead to claims of harassment or even violation of laws like the Federal or Florida Fair Housing Acts,” said attorney Jed Frankel.

Jed L. Frankel, partner at Eisinger Law, is Board Certified in Civil Trial Law by The Florida Bar and AV rated, representing clients in disputes before administrative, trial court and appellate panels throughout Florida.

Establishing minimum standards often enhances property values throughout the community. Knowing who is residing in the community – even on a temporary basis – also aids in maintaining security. In order to ensure that these restrictions remain valid, associations must enforce them uniformly and not “selectively” against particular unit owners.

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