David Boy and Haley Hancock Win On Airbnb Leasing Dispute
Superior Court Judge Doris L. Downs of Fulton County recently ruled in favor of a condominium association client seeking an order prohibiting a unit owner from utilizing Airbnb, a short-term rental service. David C. Boy, IV and Haley Hancock argued on behalf of the association that the use of a short term rental service such as Airbnb violates the prohibition on business use found in the association’s covenants. The prohibition on business use is a common use restriction found in the covenants of many communities. David also argued that the use of Airbnb violates the prohibition on the accommodation of transient tenants or occupants found in the covenants. Judge Downs agreed with both arguments, and noted that the use or Airbnb and similar websites is inconsistent with the residential character of the community.
Note that each set of covenants is different, and many clients may still want to amend their documents to include a restriction specifically addressing such services.
David C. Boy, IV is a partner with the law firm of Lueder, Larkin & Hunter, LLC in Alpharetta, Georgia, where he practices primarily in community association law and litigation. David can be reached at dboy@luederlaw.com.
Haley J. Hancock is an associate in the Alpharetta office of Lueder, Larkin & Hunter where her practice focuses on community association law. Haleycan be reached at hhancock@luederlaw.com.