{"id":5880,"date":"2017-01-05T01:30:09","date_gmt":"2017-01-05T01:30:09","guid":{"rendered":"http:\/\/www.niagaralaw.ca\/?p=5880"},"modified":"2023-04-11T15:40:39","modified_gmt":"2023-04-11T15:40:39","slug":"airbnb-update","status":"publish","type":"post","link":"https:\/\/niagaralaw.ca\/airbnb-update\/","title":{"rendered":"Airbnb update"},"content":{"rendered":"

\"Condo-lawyer-Niagara-airbnb\"<\/a>
\nWe\u2019ve told you before about some of the potential complications involved with services such as Airbnb which facilitate short-term rentals of residential properties. Recently, a decision of the Ontario Superior Court ruled that condominium corporations have the legal right to ban unit owners from renting out their units through sites\/services such as Airbnb.<\/p>\n

Ontario\u2019s Condominium Act gives condo boards the power to adopt rules concerning things such as the number of pets that owners of a condo unit can keep or rules for accessing common areas (such as pools or fitness centres). They can also adopt rules that prevent or restrict how a condo owner could rent or lease their unit.<\/p>\n

Additionally, the Ontario Condominium Act states that residential units within a condo building are to be occupied \u201conly for the purpose of a single family dwelling which includes a home office\u2026and for no other purpose.\u201d<\/p>\n

The decision stated that “Single family use cannot be interpreted to include one\u2019s operation of a hotel like business, with units being offered to complete strangers on the internet, on a repeated basis, for durations as short as a single night.\u201d<\/p>\n

This decision provides condo boards with a legal precedent to use in relying on their declarations to ban Airbnb-type rentals in the building. This ruling does not necessarily preclude condo boards from banning rentals through home-sharing apps or websites, nor does it prevent homeowners from taking advantage of them.<\/p>\n

In choosing to make their units available for rent through services like Airbnb, condo owners will have to be mindful of the limitations and rules set forward by the condo-board and the penalties they would face for disregarding those rules.<\/p>\n

Home-sharing presents unique challenges for both host and guest. Bylaws and court rulings continue to develop in this area. The team of municipal lawyers<\/a> and real estate lawyers<\/a> at Daniel & Partners LLP has extensive experience drafting and interpreting municipal by-laws and assisting both owners and boards with condominium law. \u00a0If you have a question in this area, please contact us <\/a>today.<\/p>\n

Blog post by Karen Shedden, NCA Candidate<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

We\u2019ve told you before about some of the potential complications involved with services such as Airbnb which facilitate short-term rentals of residential properties. Recently, a decision of the Ontario Superior Court ruled that condominium corporations have the legal right to ban unit owners from renting out their units through sites\/services such as Airbnb. Ontario\u2019s Condominium […]<\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[6,12,13],"tags":[27],"acf":[],"_links":{"self":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/5880"}],"collection":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/users\/4"}],"replies":[{"embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/comments?post=5880"}],"version-history":[{"count":1,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/5880\/revisions"}],"predecessor-version":[{"id":8041,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/posts\/5880\/revisions\/8041"}],"wp:attachment":[{"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/media?parent=5880"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/categories?post=5880"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/niagaralaw.ca\/wp-json\/wp\/v2\/tags?post=5880"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}