Just because STRs are allowed in your community does not mean that you have to let them operate completely unchecked. Here are some strategies:
STRATEGY #1
Regulate Directly
Even if a community is unable or unwilling to amend its documents to prohibit STRs, it most likely can adopt reasonable regulations. One potentially powerful regulation is to require owners to comply with the terms of service and other rules of the platform they are using to arrange the STR. In the event that an owner other appropriate enforcement action.
enacted conduct policies and other requirements that its users must abide by. The rules help Airbnb maintain credibility and legitimacy and may have the unintended consequence of helping associations regulate their communities. In response to the Orinda Halloween party, described on page 16, Airbnb adopted a new set of regulations (
http://bit.ly/ airbnbnewsroom) related to house-parties.
The policy includes the following restrictions: Airbnb rentals may not be used for “open-invite” parties. Airbnb guests may not throw “unauthorized parties,” meaning parties that take place without the knowledge and consent of the property owner.
Parties may not be thrown in condos and other multi- family residences rented through Airbnb.
If a community adopts a rule requiring owners to comply with a platform’s internal policies whenever they engage in STRs, the community can then enforce the platform’s policies as if they were its own. Many communities can likely adopt such a rule through board action rather than through a more burdensome declaration amendment. In the case of Airbnb rentals, this would allow a community to prohibit, regulate, and take enforcement action against STR house parties.
STRATEGY #2
Regulate Indirectly
communities to adopt, a clever association to regulate behaviors or effects caused by a use rather than the use itself. In that way, a community can regulate a use via proxy without enacting a new use restriction.
There are a whole slew of proxy behaviors and effects to regulate when it comes to house parties. The community to name a few. When parties get out of control, party-goers will undoubtedly violate the above rules, and enforcement action can be taken against the responsible unit.
STRATEGY #3
Educate The Community
If an Association takes steps to directly or indirectly regulate STRs and STR-parties, owners should be educated about the purpose and substance of those rules. Rule enforcement is always easier when the association has laid the proper groundwork before the violation happens — and owners might think twice about allowing STR house- parties if they know the potential consequences for doing so.
Just as importantly, owners should be educated about what to do if unwelcome parties are happening. Owners should be reminded to call the police (not management!) in the event of an emergency or if there is an imminent threat of bodily harm or property damage.
But even in a non-emergency situation, neighbors may still have recourse. Airbnb, for example, has a hotline (
http://bit.ly/airbnbhotline) or disturbing parties. And, of course, associations may invite owners to document and report violations.
Although STRs will likely always take place inside community associations, a proactive community can use these and other creative strategies to regulate some of the more unpleasant aspects of STRs, including unwelcome house-parties.
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