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Can the Owners Association prohibit Airbnb?
Can the Owners Association prohibit Airbnb?
Yes, in many cases the Owners Association (VME) can prohibit Airbnb or other forms of short-term rental. It primarily depends on the purpose of the building and what is stated in the articles of association.
What is the difference between standard rental and Airbnb?
A classic long-term rental (for example 1 or 3 years) is considered normal residential use.
Airbnb or other short-term rentals are often viewed differently from a legal perspective. This can be considered as:
- Tourist rental
- Commercial activity
- Hotel-like operation
This is not always compatible with a building intended for "residential use".
May the Owners Association prohibit Airbnb via the articles of association?
Yes. If the articles of association state that the building is exclusively intended for private residence, then short-term rentals may conflict with that purpose.
In that case, the Owners Association can take action against Airbnb rentals because the use deviates from the permitted purpose.
Can the Owners Association introduce new rules against Airbnb?
Yes, but under certain conditions. The general meeting can decide to limit or prohibit short-term rentals, especially when:
- There is a nuisance
- Security problems arise
- The peace in the building is disturbed
A change to the purpose in the articles of association usually requires a high majority vote.
What if Airbnb is not explicitly prohibited?
If nothing is stated in the articles of association, a problem can still arise when:
- The rental leads to abnormal neighborhood nuisance
- The security of the building is compromised
- The constant change of guests disturbs the peace
In that case, the Owners Association can take action based on the general principle of neighborhood nuisance.
Do you also have to respect local regulations?
Yes. In addition to the rules of the Owners Association, you must also take into account:
- Municipal permit requirements
- Tourist regulations
- Fire safety standards
- Possible notification requirements
In some cities, a permit is mandatory for tourist rentals.
What is the conclusion?
Yes, the Owners Association can prohibit Airbnb, especially when short-term rentals conflict with the residential purpose of the building. Even if there is no explicit prohibition, the Owners Association can take action in the event of nuisance or security issues. Anyone wishing to offer Airbnb in an apartment building is advised to first check the articles of association, the internal rules, and local regulations. Clear communication with the Property Manager prevents subsequent disputes.
The articles of association determine what you may do with your own front door.
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