Yes, condo associations in Florida have the authority to regulate short-term rentals, but the process is not always straightforward. Associations can amend their governing documents to impose restrictions or prohibitions on short-term rentals, but any such amendment must follow the proper legal procedures.
Texas has no blanket restrictions on short-term rentals. Prohibitions on such use must come from the HOA or the local municipality.
The court ruled that using a property as a short-term rental did not violate HOA rules unless the rules specifically stated no STRs were allowed. Therefore, HOAs could not cite general clauses, such as no businesses permitted, to prohibit STRs. Instead, the HOA rules must specifically prohibit short term rentals.
HOA Rights in Texas The Collection of Fees Known as "Assessments" or "Dues" ... Enforcing Community Rules and Regulations. Access to Common Areas and Shared Facilities. The Right to Create Bylaws. Host Meetings. Property Owners' Associations Must Be Transparent. Fair and Consistent Enforcement of Rules and Regulations.
In Georgia, homeowners associations can generally prohibit or restrict rentals. However, if an HOA wishes to amend its governing documents, Section 44-5-60 of the Georgia Code may apply.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
The State of Texas does not regulate short term rentals, but it also doesn't restrict the rights of local authorities to introduce their own Airbnb rules.
The best way to strategize on short-term rental restrictions is to speak to a board member. At the same time, you can consult the CC&Rs' (Covenants, conditions, and restrictions) advice. Knowing the potential risks of getting around HOA's restrictions is important. And we highly recommend doing it the legal way.
You can contact airbnb directly and explain that the listing is illegal. They will deactivate the listing, and make the host prove they are allowed to be renting via airbnb. That will hopefully end the ``party problem'' sooner than the legal process.