What are my options?

UPDATED: Oct 1, 2022

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What are my options?

Hello. I rent my home on Airbnb, a short-term home rental service. I recently received a cease and desist letter from my HOA company to stop doing so stating that, ‘No unit shall be used for transient or hotel purposes’. It is in Maryland. Do I have any options here? Ultimately I would like to continue to rent my home. Thank you for any information you can give.

Asked on November 1, 2017 under Real Estate Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what the documents governing your unit (e.g. the master lease, the bylaws, the rules and regulations, etc.) say. If those documents themselves state that "No unit shall be used for transient or hotel purposes," then the HOA has the authority to do prevent you from renting your unit out and there is nothing you can do. My law office recently had a case just like this: the unit owner, who kept renting out after warnings to not do so, lost his unit  as a result of his continued violations. If the governing  documents allow them to bar this--and many or most governing documents will--take it very seriously; you could suffer severe consequences for violating those rules.

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