Can the Owners Association prohibit Airbnb?

Can the Owners Association prohibit Airbnb in an apartment building?

Yes, the Owners Association (VME) can in many cases prohibit Airbnb or other forms of short-term rental. Whether Airbnb is permitted depends primarily on the purpose of the building, the provisions in the articles of association, and the decisions of the general meeting.

Discussions about Airbnb in apartment buildings are becoming increasingly common. Residents complain about noise, a constant turnover of guests, and security issues, while owners want to make their apartments profitable. Therefore, it is important to know what is legally allowed and what powers the Owners Association has.

What is the difference between standard rental and Airbnb

A classic long-term rental, for example via a lease of 1, 3, or 9 years, is considered normal residential use of an apartment.

Airbnb and other forms of short-term rental are often assessed differently from a legal perspective. This type of rental can be considered as:

• tourist rental;
• commercial activity;
• hotel-like operation;
• temporary accommodation provision.

As a result, Airbnb may conflict with a building that, according to the articles of association, is intended exclusively for residential or private use.

Can the Owners Association prohibit Airbnb via the articles of association

Yes. The articles of association are usually the most important document in discussions about Airbnb.

When it states that the building is intended exclusively for private residence or residential use, short-term rental can be problematic. Judges regularly rule that Airbnb goes beyond "normal living" and more closely resembles tourist exploitation.

In that case, the Owners Association can demand that the owner stops Airbnb rentals.

Can the general meeting introduce new rules against Airbnb

Yes, but the required majority depends on exactly what is being changed.

Prohibiting Airbnb completely: usually a 4/5 majority

If the Owners Association wants to explicitly stipulate that Airbnb or tourist rentals are prohibited, or if they want to adjust the building's purpose, a majority of 4/5 of the votes is generally required at the general meeting.

This is a high majority because the usage rights of individual owners are being restricted.

A 4/5 majority is usually required when:

• amending the articles of association;
• adjusting the purpose of private units;
• explicitly prohibiting commercial or tourist rentals;
• maintaining the building as exclusively residential.

Practical restrictions: sometimes a simple majority or 2/3 majority

Not every measure requires a 4/5 majority.

The Owners Association can often also introduce practical rules to protect the peace, security, and management of the building. Depending on the situation, a simple majority or a 2/3 majority may be sufficient.

This applies, for example, to rules regarding:

• access codes and badges;
• guest registration;
• use of elevators and common areas;
• night noise;
• waste management;
• security measures.

In this way, an Owners Association can make Airbnb more difficult without introducing a total ban.

What if Airbnb is not explicitly prohibited anywhere

Even when the articles of association do not contain an explicit Airbnb ban, it does not automatically mean that everything is permitted.

The Owners Association can still take action when short-term rental leads to:

• abnormal neighborhood nuisance;
• noise pollution;
• security issues;
• damage to common areas;
• disruption of the peace and privacy of residents.

In that case, the Owners Association can invoke the general principle of neighborhood nuisance and the right of co-owners to the peaceful enjoyment of the building.

Local regulations and permits

In addition to the rules of the Owners Association, an owner must also take into account local and regional regulations regarding tourist rentals.

Depending on the municipality or city, additional obligations may apply, such as:

• a permit requirement;
• registration as tourist accommodation;
• fire safety standards;
• reporting obligation;
• tax obligations.

In several Belgian cities, stricter rules for Airbnb rentals apply today.

What should you check before starting with Airbnb

Anyone wishing to rent out an apartment via Airbnb should check the following in advance:

1. the articles of association;
2. the co-ownership regulations;
3. the internal house rules;
4. local permits and regulations;
5. any restrictions imposed by the Owners Association.

Clear communication with the Property Manager often prevents discussions and legal procedures later on.

Conclusion: can the Owners Association prohibit Airbnb

Yes, in many situations the Owners Association can prohibit or restrict Airbnb. Especially when short-term rental conflicts with the residential purpose of the building or when nuisance occurs.

If the Owners Association wants to explicitly prohibit Airbnb via an amendment to the articles of association or the building's purpose, a majority of 4/5 of the votes is usually required. For practical rules regarding security and peace, a simple majority or a 2/3 majority is sometimes sufficient.

Therefore, it is essential to thoroughly check the articles of association, the house rules, and local regulations before starting Airbnb rentals.

The articles of association determine what you may do with your own front door.

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