Friday, June 15, 2018
TRANSIENT RENTALS IN CENTURY VILLAGE OFFERED ON AIRBnB - KNOW THE RISK
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We in UCO have been researching an unfortunate turn of
events namely the appearance in our Village of AirBnB hosts. So, to start, what
is AirBnB?
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AirBnB is a business
wherein a homeowner provides space in their home, such as the bedroom, to a
transient renter who for the most part is a tourist in transit.
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A few questions arise immediately:
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1) Do
your Documents require the unit owner to be present with their “guests”? – The majority do.
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2) Do your Documents allow the conducting of a
business from your unit? - No
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3) Does
our Association Insurance policy cover the new risk profile of an Association
which has been converted to a Motel/Hotel?
- No
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4) Have these transient renters been investigated through the UCO Investigations process?
- No
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5) )
Have these transients, about which you know nothing, been approved for
occupancy by the Boards of Directors. - probably
not
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6) Do
your Documents prohibit sub-letting of any portion of the unit? - Yes
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Ok, I think you are getting the idea, not to mention
such issues as are the Taxes; such as the Tourist Development (bed tax) on
short term rentals and of course Federal taxes being paid?
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Well, the bottom line from UCOs point of view is that
we have discovered two units in CV being
advertised on the AirBnB Web Site and believe it or not; one of these units
is occupied by a renter, in which case the unit owner may not even be aware of
what use their unit is being offered – A
renter renting from a renter.
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Both of these entrepreneurial units offer to bring
these transients to the Clubhouse, so they may purchase guest passes, giving
them full access to the Rec. Facility.
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We in UCO are working with Attorneys to develop
countermeasures to this “Collaborative Economy” trend, one idea is to deny the units
listed on any such Transient home sharing site any sort of guest pass
whatsoever.
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Finally,
I ask all to resist the lure of “easy money” – Keep our Century Village purely
Residential.
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Those buildings involved should be alerted and should institute their bylaws.. That is their fiduciary responsibility
ReplyDeleteBarbara, I agree with you wholeheartedly. The problem is the one or two owners who are aware of the situation and are objecting are usually not in a position to litigate against the Board who is standing by when this is going on. While there is a good chance of a successful litigation and recovery of attorney fees, few have the resources to fund the litigation. I have complained often on this blog about renegade boards who violate the their underlying documents and have been met with responses like tough luck, vote them out. That is easier said than done.
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