Airbnb in a condominium: is it allowed?

Are you an owner in a co-owned building and fed up with the constant comings and goings of short-term rentals?

It is understandable… Having a stream of strangers, with different people every week, is not always reassuring.

We should not generalise – and even less so demonise – tenants using platforms such as Airbnb, but it is true that you may occasionally encounter noisy people who have little respect for the property hosting them, let alone for the neighbours’ sleep…

Do you have the right to prohibit co-owners from offering short-term rentals?

In principle, no, as this would infringe the owners’ property rights. So how can you put an end to these incessant Airbnb rentals that disturb the peace and quiet of the building?

There are several options available:

• • In some co-owned buildings, the articles of association specify that certain uses are excluded, such as commercial activities or holiday lets. In this case, there is no uncertainty: Airbnb-type rentals are not permitted.

• • The articles of association may also specify the designated use of the building’s private areas. As these are generally intended for residential use or for the practice of liberal professions, Airbnb-type rentals could also be excluded in this case, as the designated use of an Airbnb rental is rarely residential.

• If these provisions are not included in the articles of association, another option is to decide on the matter at a General Meeting. This prohibition may be included in the internal regulations. It will probably not be possible to prohibit short-term rentals outright. However, prohibiting short-term rentals operated professionally and systematically is entirely acceptable under recent case law. For the provision to be approved at the General Meeting, three quarters of the votes represented must be in favour!