Condo Board Manager threat

in
Toronto, Canada
Level 1
439 Views

Hi there,

 

I am well within my rights to rent my unit out on air bnb

 

There are rules within the city of Toronto that limit air bnb rentals to homeowners that are there primary residence only, which I qualify for.

 

There are no condo by-laws against air bnb in my condo declaration.

 

So I get this email from the Condo Manager last week asking if I have my place listed on air bnb, which I respond yes, I occassionally do from time to time, and she says you need to stop immediately or we will pursue legal action against you. She sends me the condo declaration and says "your unit is classified for single family dwelling only" 

 

Well, it is only ever used for single family dwelling! Renting occasionlly on air bnb certainly would not be in violation of this, as I belive this is in every condo delcaration, is it not?

 

If anyone has any advice for me on this issue going forward it would be greatly appreciated. I do not want to take any further bookings until I can get to the bottom of this matter. 

 

Thank you.

 

Jamie.

3 Replies

Re: Condo Board Manager threat

in
Durham, NC
Level 10

@Jamie210 - No.  Not all condo bylaws state that it is for single-family use only.  Many have clauses about renting, about subletting, and about tenancy should  the bylaws allow renters.  Having short term tenants will, likely , not  qualify as supporting the tenancy rule of single-family dwelling since, occassionally, the family who owns the dwelling is subletting to others.  Of course, I do not know all the nuances of Canadian law nor will I inspect the contract you have with the condo board, so you MUST consult an attorney.  Most cases of this type do not prevail in court from my experience.  Good luck. 

Re: Condo Board Manager threat

in
Como, CO
Level 10

The usual issue is whether you are renting short term or long term, not what platform you are using to do so.

David

Re: Condo Board Manager threat

in
Toronto, Canada
Level 2

@Jamie210 You might want to read this and compare to your Condo Declaration.

 

http://www.rcllp.ca/condo/enforcement-of-a-one-family-clause-in-condominium-declarations/

 

"Single family" or the use of could be defined in your declaration.

Regards,
BobB
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