Can I offer Airbnb in my condominium?
October 6, 2022 | 50,00 EUR | answered by Piotr Gehrmann
Dear lawyers,
My name is Marie Brandes and I am the owner of an apartment in a multi-family house. In the past, I have been considering offering my apartment on Airbnb to generate additional income. However, I have concerns about whether I, as the owner of the apartment, have the right to rent out my apartment as a holiday rental.
Background information: There is no explicit provision in my declaration of division regarding renting out my apartment on Airbnb. However, I have heard from other owners in the building that they have concerns when regularly changing guests are accommodated in the neighborhood. I do not want to have any problems with my neighbors or the house manager.
Therefore, my concerns are that I may be violating the rules of the homeowner association if I offer my apartment on Airbnb. However, I also do not want to miss out on the additional income that renting out my apartment would provide.
My question to you as lawyers is: Am I allowed to offer Airbnb in my condominium, even if this is not explicitly regulated in the declaration of division? Are there possible solutions to legally offer my apartment on Airbnb without violating the rules of the homeowner association?
Thank you in advance for your support and advice.
Sincerely,
Marie Brandes
Dear Mrs. Brandes,
Thank you for your inquiry regarding renting out your condominium on Airbnb. It is understandable that you are concerned about whether this is legally permissible and whether you may be in violation of the rules of the homeowners' association.
First and foremost, it is important to clarify that renting out your apartment on Airbnb is generally not prohibited, as long as it is not explicitly prohibited in your declaration of division or in the house rules of the building. Since you mentioned that there is no specific regulation regarding Airbnb rentals in your declaration of division, you generally have the right to offer your apartment on this platform.
However, it is important to note that even if there is no explicit regulation, renting out on Airbnb can still have certain implications for your neighbors and the community. Therefore, it is advisable to discuss the matter with the other owners and clarify any concerns or restrictions in advance.
In terms of possible solutions to legally offer your apartment on Airbnb without violating the rules of the homeowners' association, there are several options. One option, for example, would be to obtain prior approval from the homeowners' association to ensure that no conflicts arise. You may also consider establishing clear rules and guidelines for renting out to avoid misunderstandings.
However, it is advisable to seek advice from a specialized attorney in this matter to ensure that your Airbnb rental is in compliance with applicable laws and regulations. An attorney can help clarify your rights and obligations as a condominium owner and avoid potential risks or conflicts.
I hope this information is helpful to you and I am available to assist if you have any further questions. Thank you for your trust and I wish you success in renting out your apartment on Airbnb.
Sincerely,
Piotr Gehrmann
