Can my property owners association impose a rental policy to prohibit me from using Air B&B?

Asked on August 4, 2015 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can, as long as the way they adopt it is in accordance with all the rules they operate under, pursuant to the master deed or lease, homeowners' or property owners' association agreement, etc. (That is, they had the proper quorum; enough members voted for it; any rules about publishing or providing notice of the proposed rule ahead of time was followed; etc.) There is nothing in the law preventing restrictions on renting, including short term rentals bia AirBnB, being imposed on propertly owners by the eir property owner's association, and such restrictions have been repeatedly upheld. All that is required is the rule be properly adopted.


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