BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M

Resolving Airbnb-related legal disputes within a homeowners association (HOA) in New York City (NYC) involves navigating both HOA regulations and city laws related to short-term rentals.

 

  1. Review HOA Bylaws and Rules:

Consult the HOA’s bylaws and rules to understand the existing regulations regarding short-term rentals and Airbnb. Some HOAs may have restrictions or outright bans on such rentals.

 

  1. Address Violations Promptly:

If an Airbnb listing is in violation of the HOA’s rules, the HOA should take prompt action. Send a notice to the unit owner in violation, clearly outlining the breach and requesting corrective action.

 

  1. Open Communication:

Initiate open and respectful communication with the unit owner involved in the Airbnb rental. Understand their perspective and discuss potential solutions to the violation.

 

  1. Enforce Fines and Penalties:

HOAs often have the authority to impose fines or penalties for violations of bylaws and rules. If a unit owner persists in violating Airbnb regulations, apply appropriate fines as outlined in the HOA’s governing documents.

 

  1. Mediation or Arbitration:

Consider involving a neutral third party, such as a mediator or arbitrator, to help facilitate discussions between the HOA and the unit owner. Mediation can help find mutually acceptable solutions.

 

  1. Legal Action:

If the unit owner’s Airbnb violations persist despite warnings and fines, the HOA may need to pursue legal action, including seeking injunctive relief or damages.

 

  1. Consult Legal Professionals:

Consult with attorneys who specialize in NYC real estate and HOA law to ensure that any actions taken are legally sound and comply with local regulations.

 

  1. Monitor Listings:

Keep an eye on short-term rental platforms like Airbnb to identify any unit owners who might be violating HOA regulations. Promptly address any new violations that arise.

 

  1. Educate Owners:

Hold meetings or workshops to educate unit owners about the HOA’s rules and regulations regarding short-term rentals. Increased awareness can help prevent future violations.

 

  1. Stay Updated on Laws:

Be aware of any changes to NYC laws related to short-term rentals and Airbnb. NYC’s regulations on short-term rentals have been subject to changes, so it’s crucial to stay informed.

 

  1. Consider Policy Changes:

If Airbnb-related issues are prevalent within the HOA, consider proposing policy changes or amendments to the governing documents that address short-term rentals more explicitly.

 

Resolving Airbnb-related disputes within an HOA in NYC requires a combination of proactive enforcement, communication, understanding of local regulations, and potential legal action. If you’re dealing with specific disputes or violations, it’s advisable to consult with legal professionals who specialize in NYC HOA law and real estate matters.

 

 

Citations, References and Potentially Useful Resources for Further Information:

U.S. Constitution

New York State Constitution

Federal Securities Regulation

New York State Martin Act

New York Condominium Act

New York State Security Regulations

New York Business Corporation Law

New York Limited Liability Company Law

New York Uniform Partnership Act

Federal Internal Revenue Code

New York State Tax Laws, Rules & Regulations

New York City Tax Laws, Rules & Regulations

Winston Churchill Owners, Inc. v. Regents Real Estate Associates

Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.

Park Sutton Condominium v. 447 E. 57th St. LLC

28 E. 10th Street Corp. v. Veras

Riverside Syndicate, Inc. v. Munroe

Essex House Condominium v. Marks

The Parc Vendome Condominium v. Atkinson

54-56 Meserole Street Owners Corp. v. Rossi

The Beekman Regent Condominium v. Bottiglieri

Chelsea 19th LLC v. West 19th Street Realty LLC

ACRIS

New York Department of Finance

New York City Department of Buildings

New York City Bar Association

New York State  Bar Association

Call 212 922 0005. Kiritsis Law Group.

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For a free, brief initial phone consultation with an attorney, call us today at 212 922 0005.

 

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