Our team can help ensure that you are up to date and compliant with the city, county, and HOA/POA regulations for your rental property. The Carr Law Group real estate team is well-versed in these regulations. In Georgia, short-term rental regulation can be found in new short-term rental ordinances at the city and county levels and even in restrictive covenants for properties belonging to a homeowner’s association. While the rise of short-term rentals has provided economic benefits for property owners and increased tourism in the state, it has also raised concerns about housing affordability, neighborhood safety, and regulatory compliance. With the advent of online booking platforms such as Airbnb, Vrbo, and HomeAway, property owners are now able to easily list their homes or apartments for short-term rental. In recent years, the number of short-term rentals in Georgia has increased significantly. So, while prohibiting the short-term rental may not be possible absent amending the covenants, specific policies regarding rentals can probably be enforced if specifically supported in the covenants.Legal Counsel for Short-Term Rental Owners Other examples include covenant restrictions on parking, trash, insurance, rental contracts, and noise. The HOA could adopt a policy and fine structure based upon the specific covenant to comply with all zoning regulations. Many Colorado counties regulate short term rentals much like Jefferson County and Summit County. For example, many covenants contain a specific provision requiring compliance with all zoning regulations. If short term rentals are a serious issue for your community and your covenants do not specifically prohibit rentals, there are some steps the HOA can take to regulate short term rentals and fine owners who violate those regulations. Amending covenants is often a difficult process. Wilson Mesa Ranch Homeowners, 360 P.3d 255 (Colo.App. The Colorado Court of Appeals has issued a ruling that for short-term rentals to be prohibited by an HOA, the covenants themselves must specifically address the issue or be amended to specifically address the issue. Unfortunately, it is not easy to outright prohibit short term rentals. Homeowners Associations are another group that can regulate and largely prevent short-term rentals. If they discover a violation, they can revoke the Short-Term Rental License, have the Court impose a misdemeanor conviction on the owner, and/or impose fines. Jefferson County will investigate all complaints to see if a violation has occurred. A report containing these dated must be filed quarterly.Īny interested citizen can file a complaint if these rules aren’t being followed. In turn, Planning & Zoning shall provide this information to the Jefferson County Assessor and the Colorado Department of Revenue. Once the short-term rental permit has been issued, the owner must provide all rental dates to the Jefferson County Planning & Zoning Division. for noise, improper parking, any active zoning violations or other impacts that cause the short-term rental to become incompatible with the surrounding land uses).Įven once an owner receives a Short-Term Rental Permit, they are not allowed to go on their merry way and rent as they please. In order to receive that permit, the owner must notify each adjacent property owner in writing by certified mail of the name and contact information for the 24-hour local primary and secondary contacts, must receive a sales tax license from the Colorado Department of Revenue, and must have passed a review of all complaints made to the Sheriff’s Office regarding that property (e.g. (Section 2.D.4 of the Zoning Resolution). Jefferson County, for example, only allows short term rental of a single-family residence once the homeowner has first gotten approval of a Special Exemption from the Board of Adjustment and then a Short-Term Rental Permit from the Planning and Zoning Division. The first step for any person objecting to a Colorado short-term rental should be checking whether the renter has a license from their Colorado County. This leaves communities often looking for ways to restrict and control short term rentals either through local rules or through their homeowners association. While, ideally, renters would politely follow the same rules as any other homeowner, that frequently isn’t the case. The frequent turnover of renters next door often leads to an increase in traffic, trash, and noise. While that may seem like an appealing way to make money for the homeowner, neighbors rarely feel as positively. Airbnb and VRBO are just a few of the many companies who are trying to profit off homeowners renting empty rooms or empty homes to vacationers. Short term rentals are defined generally as a rental that lasts for less than 30 consecutive days.
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