Q: I hope you can tell me the right way to go about this problem. Our homeowners association rules state that Airbnb is not allowed. Yet when I called to complain, I was told that other owners had also complained, but no one sent proof.
So after learning that I had to send proof that it was an Airbnb, I followed up with a webpage link showing that this house is an Airbnb.
My main question is, if having an Airbnb in my homeowners association is illegal and also illegal in the city of Las Vegas, why do I have to prove it’s illegal? Isn’t that their job?
Also, if it’s illegal for an Airbnb to operate in Las Vegas except on a signed lease of 31 days or longer, why are they allowed?
In case HOAs can’t figure out how to do this, just go to Airbnb.com and enter the zip code and see how many are operating in their area.
A: About a month ago, my column was talking about short-term rentals and standing orders. At the time the state law was passed, Clark County was the only municipality to ban short-term rentals. With the passage of this law, Clark County will have to develop an ordinance that will regulate short-term rentals and will have to incorporate the minimum standards set by this bill. Other municipalities will need to review their ordinances to see if they comply with the new state law.
You said short-term rentals are illegal in the city of Las Vegas. That is not exactly correct. Short-term rentals are included in City Ordinances, Chapter 6.75, and are permitted by the City under certain conditions.
The city is not currently allowing short-term rentals in the following planned communities: Summerlin/Sun City Summerlin, Town Center, Skye Canyon, Cliff’s Edge, DCP (Arts District, Symphony Park), Grand Canyon Village and the Las Vegas Medical District and Providence Square.
It will be interesting to see what the city of Las Vegas will do to comply with this new law.
As to your question about why you had to include information showing that the house was advertised as a short term rental, the answer is that apparently it is your association’s policy. The information documents your complaint.
As a footnote, none of the municipalities enforce association rules and regulations relating to short-term rentals. It is the obligation of the association.
Unfortunately, most existing ordinances require associations to take steps before the city takes action. For example, a homeowners association in Henderson would need to obtain a court order as evidence of the ban in its incorporation documents. Once Henderson receives a copy of the order, the city will not allow that landlord to register as a short-term rental.
Note: Here are some notes from my office:
Plan ahead
As you all know, there are mandatory mailing deadlines for Nevada Revised Statutes 116. A recent Las Vegas Review-Journal article noted that new US Postal Service standards may slow some deliveries. Mail delivery will be slower and cost more for some services. Delivery times for some couriers traveling longer distances will increase by up to two days. According to the article, “61% of first class mail and 93% of periodicals will be unaffected, meaning it will take two days for local mail to be delivered.”
There will be a temporary price increase for mail and parcels, which will last until December 26. The increases will range from an additional 75 cents to $5 for Priority Mail, Priority Express Mail and First Class Parcel Services. This cost will most likely affect the association’s budget ratification packages.
Maximum amount that can be charged for documentation (NRS 116.4109 and NRS 116.3102)
■ Resale package: $185 (to expedite an additional $100). These fees should be based on the actual costs incurred by the association to prepare the certificate. It should include a summary of any unsatisfied judgments or pending legal actions against the association. It should include all other costs associated with the resale of a unit and all current and anticipated fees or charges for each unit.
■ Demand statement: $165 (to expedite an additional $100). This document lists the monthly assessment amount needed for common expenses and any unpaid obligations of any kind owed by the vendor unit.
■ Open/close a file: $350. These fees must be based on the actual cost incurred by the association to open or close a file. It can only include the costs authorized by the articles of association, such as transfer costs, inspection costs, administrative costs and any other costs used to cover the resale costs of the association. Prepaid assessments do not fall under this cap.
■ Constituting documents/statement of information: $0. This must be provided electronically at no charge. This includes covenants, conditions and restrictions, articles of incorporation, rules and regulations, a copy of the current operating budget, year-to-date financial statements, summary of reserves and required “Before You Buy” statements. and “Did you know” required by NRS 116.
Fees may increase on an annual basis by a percentage equal to the percentage increase in the Consumer Price Index for all items, which is currently greater than 5%.
Important to note: Under Assembly Bill 237, a complaint may be filed with the Nevada Real Estate Division for excessive charges. Please note that failure to respond to the alleged violation is considered an admission.
Barbara Holland is a Certified Property Manager and holds the State of Nevada Supervisory Community Manager Certificate. She is an author and property management educator. Questions can be sent to [email protected].
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