I want to share my story in order to help others who might be in a similar situation.
This is a story about an association trying to stop airbnb in my building.
So I bought an investment apartment in Copenhagen. It was a new building so the apartments did not have whats known as “beboelses pligt” which means that no one had to have their address registered to the address. I informed the company selling the apartments that I intended to do a full time airbnb - so as to avoid all problems. My fellow new owners - neighbors if you want, do not like that im renting out full time and has done everything to stop it. On the first general assembly of the owners association (the governing board where all owners have a say). They tried to pass an amendment to the laws governing the building saying that you can only do short term rental for a maximum of 6 weeks a year. This however was not passed as the law in Denmark states that you can not limit an owners rights to use his private home, with out ALL (not all pressent, but all) owners agree. Of cours I was not having it (same with the two others who are doing the same as I am doing).
Well they decided to try another approach and contacted the taxation office to check if I was paying tax on the income - which I am…but it cost me a fee to my accountant to deal with this…
They tried contacting the municipality claiming that I was running an illegal hotel … or a hotel with out a license. But there is no law against this and so they came home empty handed, even though it cost me another step fee to a lawyer …
Now they are trying to change by laws that govern how you have to act as an owner - these are usually regulations saying that you cant play laude music after 10 pm, that you cant have a dog or smoke indoors or things like this … but as they can be changed with only 2/3 voting in favor, they think they are being clever … however: 1) This sort of thing does not belong in the by laws 2) They are still trying to regulate how I can use my apartment which i own. 3) It is not legal to make changes clearly aimed towards one or two owners. They are trying to get around that by saying that they are not changing the regulations at all - but only emphasizing what is already the law in the surrounding society … however - there is no such law in Denmark and even if there were - you still cant just change the laws governing the building with out everyone accepting it so they are actually not that cleaver after all … even though this cost me another steep lawyers fee to get it all cleared up.
Now this used to be quite a gray zone area in the Danish law, but in the last year it has been tested in court several times and so they really do not have a leg to stand on, but it is really annoying non the less - and expensive…
Therefor I hope this post can help fellow hosts in Denmark defend themselves against unreasonable attacks.
You are wellcome to contact me if you want the name of my lawyer who is an expert in this field or if you want to exact rulings from the court.
I want to share my story in order to help others who might be in a similar situation.
I can understand your concern and sympathize with all you have gone through. I’m not familiar with the laws in Denmark, but to me it sounds like a homeowners association you are dealing with. They can create their own rules which may differ from the governing laws. It has been discussed in numerous threads on here.
It really has become a hot topic with valid concerns on both sides. Here’s a story that came out 2 days ago about Airbnb buying an apartment building with residents already living there and they are quite upset about it. Although somewhat different with what you’re dealing with, it highlights the concerns residents have;
@Mike_L Thanks for posting this article. This paragraph applies to home share Airbnbs as well:
Expanding to branded apartment buildings is critical for Airbnb to win over luxury-craving customers, which would help justify its valuation, says Ivan Feinseth, chief investment officer and director of research for Tigress Financial Partners LLC, an investment banking firm. “Partnering with large landlords is the best way to get more consistency and control to offer a hotel-like experience but at a lower price,”
That’s exactly what they expect us to do as well offer a hotel experience at a lower price. I can’t wait for the day when a new, viable home share platform comes along. I really dislike being lumped into the same brand with hotels, apartments, investors and property managers.
Totally agree! I don’t like the direction Airbnb is headed. They’re losing their charm. They should have stuck to their roots instead.
That says it all! They want to eliminate the things that make each of our places unique, special and fun to explore.
Maybe this is it;
LOL. Not for me.
A while ago there was some noise about Innclusive and I’d be willing to list on them but they are a niche. I’m not interested in listing on another platform and worrying about all that entails. I’m interested in replacing Airbnb in my life with a home sharing site that is “belong anywhere, as long as the owner is present when you rent.” LOL.
We have a few full time Airbnb properties in Copenhagen, also with non-residential status.
Sorry to hear about your challenges.
Touch wood - we’ve never had any issues with our residents boards. We’ve actually been quite active and serve on the boards to help steer their approach.
Of course, we wait with baited breath to see if the kommune and government will introduce restrictive laws…
JK. Not for us either. Airbnb has gotten too big and diversified too much IMHO. Our last guest wrote this about us " Very comfortable room with an excellent bed. We slept like babies The next morning there was very good coffee, tea and an awesome breakfast waiting for us.We had wonderful conversations with Mike, Margie and a few other guests that were staying at the home. This was more like an old school Bed and Breakfast experience rather than a typical AirBnb." This is what we like and strive for.
Last night’s guest came into my part of the house to get some filtered water before she headed out. She just couldn’t say enough good things about the room and how it stacks up against the many other Airbnb’s she’d stayed at. We ended up chatting for at least an hour as she is from NJ and I’m going to NJ for a concert this summer. By the end of the hour she was talking about joining my friend and I for the concert in NJ. This is the kind of guest experience Airbnb wants to pimp while trying to get us to all become like hotels. OTOH, as much as we complain and read the complaints of others, 1000s of guests are having successful old school Airbnb experiences every night.
Would you mind answering how you manage to do AirBNB all year round?
I want to get into AirBNB myself, but I’ve read that you only can rent out rooms 70 days a year (short term).
This is too short for most leases and requires of you to shuffle properties all year round.
Thanks for taking your time to read this!
Den får du på dansk. Dels ved jeg ikke af at reglen med 70 dage er indført endnu. Dels er der ingen kontrol med det, hvad jeg ved af, dels har lejligheden ikke bopælspligt. Så det går fint… endnu. Men reglerne vil blive indført og de vil nok blive håndhævet snart så jeg må nok ændre til langtidsudleje relativt snart antager jeg…
Tak for det hurtige svar.
Jeg tænkte at airbnb var en god måde at komme ind i ejendomshandel på, men det lyder til at det bliver for problematisk her i Danmark. Måske burde man gøre det i Sverige i stedet for…
Har du nogen idé om hvornår disse regler indtræder?
Til sidst blot en tanke. Måske kunne du, hvis du fik hotellicens, fortsætte med at udleje vha. airbnb på lovlig vis ved blot at blive betragtet som en hotelvirksomhed.
Håber dette kan gavne dig
En i teorien rigtigt god ide det med hotellet … eller det troede jeg da, men da der ikke er erhvervs tilladelse i ejendommen, skal ejerforeningen høres hvis status skal ændres og det kan jeg med sikkerhed sige ikke vil falde ud til min fordel. Jeg tror det er et spørgsmål om få måneder inden de nye regler træder i kræft.
Jeg er istedet gået ind i projekter som Brickshare og http://www.halcyondevelopments.com der hver giver noget der ligner 8% ROI med langt mindre investering og langt mindre risiko end reel ejendomshandel … og bedre spredning af risiko. Desuden har jeg kikket lidt på at købe noget billigt i syd italien - et ægte håndværker tilbud og så hygge mig med at sætte det i stand og enten sælge eller bruge når jeg bliver gl …