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I own a Condo in Downtown Toronto, apparently it is at a perfect location. I make amazing money but my problem is my security & condo management company. So they say they do not support AIRBNB!! they will not let my guests in, they will disable my building access. I do not live at the property so I use Key cafe for key exchange, which seems to work perfect for all the guests. The security is forcing me to shut down my Airbnb directly. I know they cannot do this legally but their argument is they need me to escort the guest during check-in and check out, which is not possible for me. Anyone having any similar issues?? any solution?? I want to keep my Airbnb going.
I’m curious about your statement that they can’t shut down your Airbnb legally. Why can’t they? It’s someone else’s building and a management company. Don’t they get to set the rules for the building?
It would be too bad for you to lose your rights to run Airbnb, but I do think things like that are happening in a number of major cities—or at least severe limits on what Airbnb hosts are allowed to do.
I say it because it does not state in their rules, they are trying to use different articles from it to say things like no one but the occupant or resident can use the building. So i register my guests as residents. But then they wont allow the guests in the building. I am honestly not sure if they can actually do that.
I’ve never lived in a condo or any other HOA-type controlled location. I don’t know how building or HOA community rules get made. Are their rules legally binding? By that I mean can the association change its own rules?
I have friends who live in other cities in HOA-controlled communities. They are prohibited from hosting Airbnb (or any other type of STR). Nor are they allowed to sublet.
I hope you can get your situation squared away to your satisfaction. I think this is an issue that a lot of STR hosts (Airbnb particularly) are facing in large cities.
If having studied in detail the contract between you and the HOA you are certain there are absolutely no restrictions around having commercial guests/sub leasing through STR.
And there are no city restrictions on whole listings, go see a solicitor with experience in housing law and ask them to advise you on how to deal with HOA.
That is the problem they do not have specific rule ruling out Airbnb. Sometimes they agree to allow guest for more then 2 days, other days they say guests more then a week. I know City of Toronto is bringing a law to make Airbnb illegal. But its not in place.
I have asked multiple time to tell me which exact rule talks about Airbnb, but they keep sending different rules and articles.
Your situation really requires legal advice. I don’t know anything about Toronto, but if it is similar to NYC the residents in your building have a right to NOT live in a building with transient short term renters if they don’t want to, hence the HOA contract. Also, no matter what your own home owners’ insurance may say, the building itself is legally exposed if any guest of yours hurts themselves on the property - the lobby, the elevator, the laundry room.
Would it not be more accurate to say that they are planning to regulate STR’s, not make them illegal…
Like others have suggested, you need to have your situation looked at by someone with a better understanding of the current law in Toronto and how it relates to your contract withyour HOA.
I live in Florida a mile outside city limits. The city has banned anyone renting their homes for STR’s. Quite a few people own multiple homes they have been renting but do not live in Florida. The city now has a special crew that watches for STR’s and issues the owners $750 a day fines if they find a property being rented on a limited basis.
As do so many places these days. Anyone who is renting out an apartment or room, without having the necessary local licences and insurances, is breaking laws. Okay, not like being an axe murderer but nevertheless it’s not something that anyone would want to be involved in, especially considering the fines.
HOAs have enormous powers. They don’t have to have a ‘specific rule ruling out Airbnb’. STRs are not allowed in most buildings. These restrictions are set out in the HOA articles that are given to people when they buy a property in the building.
