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Condo Rules in NYC What can I do to keep hosting?

The condo Board of Managers says Airbnb is not allowed. Can I post in under a different address? What can I do about it. I own the condo.

There isn’t much of anything you can do about it. If the HOA rules are “no short term rentals” that is the agreement that you live under. If they have recently changed the rules to include this clause, with a lawyer, you might be able to fight for a “grandfather” clause so that you can continue. The latter option will be expensive.

Thank you very much for your answer. I started hosting a month ago and yesterday the Board sent the message to all the owners that Airbnb is not allowed. I got scared and canceled 3 of my reservations. How did the Board even know about it? Could it have been one of the doormen? But thank you for your reply. If Airbnb is not allowed in apartments (most are condos) who is hosting then???

Not all condos have this provision in the Deed. Have you actually pulled out and then read your documents to see what you agreed to when you purchased the property? If you can’t find this provision, I would think you would be able to ask one of the board members why they have sent you this notice.

And, I think that a lot of NYCity AirBNB listings are not fully compliant.

Thank you. I bought the condo 2 years ago with my husband. The mortgage and the fees are $3000 a month. My husband passed away 6 months ago and I am a school teacher. Airbnb was helping me a lot :frowning:

I am so sorry to hear that your husband has died. I can’t imagine how that must feel. You have my heartfelt sympathies.

So… back to those docs. Pull out that Deed and Trust. Read them. Know what is in them. Maybe you are allowed to have a “room-mate” for three months at a time, or 30 days, or something. They are your legal agreement and there maybe something in there that would allow you to share you home in some other way.

All the best.

Thank you and all the best to you too.

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If they specify Airbnb, use another site. Although it’s likely that they meant all short terms rentals.

Do short term rentals also apply to renting a room when I am at home? Or is it only for the whole apartment when the owner is away? Thank you.

I believe that in NYC you can rent a room when you’re at home, legally. (In your own home), But if your condo association has banned it, then you’d have to deal with them Condo boards can more or less do what they want, irrespective of city regulation.

All of this information should be in your condo docs. Seriously, this is what you must refer to in order to see what is possible.

p.s. I was just involved with writing condo docs for a unit nearby, and we specifically allow Short Term Rentals when renting out a room, but forbid anything less than 3-months for a whole unit rental. Condo docs are varied, so knowing your specifics is impossible for any of us.

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Agnes, what do the HOA by-laws state? I could be wrong but it’s possible that stating you can’t do Air is not really enforceable. In our by laws, it states that any changes (ANY) must be approved in writing by 2/3 majority of all owners… and hell might freeze over before that ever really happens. The board can raise the dues and enforce things. But that’s all they can do as I understand it.

Ask for a copy of the by-laws and see if Air or STR are “really” prohibited.

I’m with Konacocnutz - I don’t think the HOA Board can unilaterally make a change like this without putting it to a vote before all the owners. In CA, there’s a whole procedure involved. But it can happen.

Unless, it was already there when she purchased. I think she needs to review her docs.

I know several hosts in my city who run +10 listings. They advertise under false addresses (like two blocks away from real address to hide from Strata) and multiple accounts to avoid shut down.
I heard some are using paypal to evade taxes.

She doesn’t actually know if it is her by laws. She needs to read them o ver and see. It might be just a board member who doesn’t like STR.

@smtucker Susan, I just consulted an attorney for my daughter’s apartment in Miami; she bought her apartment a few months ago because there was no rental restrictions at all; however, the board decided to change it and now it has communicated that no airbnb allowed. The attorney said that the HOA can change the rules any time – I was surprised, I was under the impression that this is not the type of rule that could be changed at any time, or if it would change, that current owners would be grandfathered and not impacted by it.
@Agnes_Agnes Agnes, Agnes, I’m so sorry about your loss. If you can’t rent via airbnb, why can’t you rent for 6 months or 1 year to “normal” tenants? I’m sure in NY $3,000 is common – am I wrong?

@MissMiami. And our condo docs stipulate that ANY change to the condo docs need to be voted and approved by a majority of the owners. I think the bigger the complex, the more bureaucratic the docs, placing the owners one layer away from admin. Clearly, there are reasons to be involved with the HOA to protect one’s interests.

That’s why you have to look at the by-laws. Do the by-laws say it can be changed at any time? If so, that would mean the power is in the hands of the few.

I recently shared about about the HORRIBLE parrot who lived next door to me and made my life hell for a year. Our by-laws specifically forbid DOGS who bark, howl, whine, bray, etc. etc for a continuous 10-minute period. If an owner or renter has such an animal making noise, they can be subject to sanctions and fines, blah blah. But because the by-laws didn’t mention PARROTS, they could not really enforce this rule against this parrot with its horrible obnoxious sounds. It would take 2/3 of the owners to change to by laws so for now only dogs who make noise are against the rules.

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