Published October 21, 2022
Many associations scramble to create
rental restrictions, especially since many owners discovered
that short-term rentals can be very profitable – see Airbnb
But many owners consider short-term
renters a nuisance, disturbing the peace in the community.
But then the question arises: What can
be done – and how do we do it?
There are a few Rules of Thumb:
The amendment restricting rentals has to get the vote of
approval of a super-majority of the membership.
Owners, who already rent, are grandfathered in.
The amendment has to be recorded in the local court house.
Then it gets down to the details:
Do you only want to restrict
short-term rentals – or do you want to restrict certain
long-term rentals as well?
It’s actually pretty complicated
because there will always be some owners who will be vehemently
against it – no matter what you want to put into the
In all reality:
Make your mind up what you really want to do
As a board: Make sure that a majority owners is behind your
Give your proposal to a specialized attorney to create the
final wording, oversee the vote and file the amendment, if
approved in the local court house.
Let’s face it: Nothing comes easy in
Jan Bergemann is president of Cyber Citizens For Justice,
's largest state-wide property owners' advocacy group.
CCFJ works on legislation to help owners living in
associations. He moved to
in 1995 - hoping to retire. He moved into a HOA, where the
developer cheated the homeowners and used the association dues
for his own purposes. End of retirement!
CCFJ was born in the year 2000, when some owners met in
- finding out that power is only in numbers. Bergemann was a
member of Governor Jeb Bush's HOA Task force in 2003/2004.
The organization has two websites to inform interested
homeowners and condo owners:
News Website: http://www.ccfj.net/.
Educational Website: http://www.ccfjfoundation.net/.
We think that only owners can really represent owners, since all
service providers surely have a different interest! We are
trying to create owner-friendly laws, but the best laws are
useless without enforcement. And enforcement is totally lacking