Can I sue my condo association for loss of income for creating a no short-term rental rule in the by-laws?
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Can I sue my condo association for loss of income for creating a no short-term rental rule in the by-laws?
I bought a condo almost a year ago with the express purpose of renting short-term Airbnb when I am not using the place myself to help defray the cost of ownership. The area is a known tourist area with outlet malls, skiing, hiking, kayaking, etc. There were no restrictions in the by-laws at the time of purchase or at the present time. I have received a handful of complaints from the Board of Directors regarding some of my guests. They range from parking on the grass to not disposing of trash properly. These complaints are always well after the fact which doesn’t allow for me to address the issue at the time of the transgression. I have asked that they call me immediately so I can take corrective action. They will not extend that courtesy to me. I have been told that they prefer to present these to me via email, through the board of directors, and these complaints never get to me in a timely fashion. One of the complaints is that they are worried that the shared septic may be overtaxed by my short term renters. I checked with the town inspector and the septic design is based on the number of bedrooms not the number of people. I never allow more than 10 people, including children in the unit at any given time. I prefer no more than 8 but make allowances for young children. I am trying to be a good neighbor but I need the income to comfortably be able to afford my vacation home. There has been some talk of changing the bylaws to restrict the number of people allowed in the unit. I also suspect that there has also been some talk of prohibiting short-term rentals in its entirety. Can they legally institute these changes/restrictions without my consent? If so am I grandfathered?
If changes/restrictions are implemented do I have any legal recourse possibly for loss of income or loss of property value?
Asked on October 12, 2018 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they can change those bylaws without your consent, so long as the condo association follows the rules (as laid out in the bylaws and other documents creating and governing the association) for providing notice of the proposed change, for having a sufficient quorum, for how the vote was conducted, etc. There is no need for the consent of all homeowners so long as the change is otherwise legal and properly implemented.
You would not be grandfathered in; there is no automatic grandfathering for this sort of change
You could not sue for loss of income because you cannot sue people or associations for doing what they have a legal right to do.
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