Potential Airbnb restriction coming for building residents?
Short-Term Rental Bans in Co-Ownership Properties: An Examination of the Anti-Airbnb Law
As co-ownership general assemblies gear up, proposals to ban short-term rentals of furnished properties are being tabled. But with the "anti-Airbnb" law enacted in November 2024, what are the conditions under which such a ban could be enforced? This question was addressed by Romain Rossi-Landi, a Paris-based lawyer, on the radio program "The Great Real Estate Rendezvous."
Michel, a property owner and landlord in Issy-Les-Moulineaux, is one of many concerned citizens. His co-ownership is considering a resolution that would prohibit short-term rentals—a move that could jeopardize Michel's income from renting his two-bedroom apartment using Airbnb. "Can a co-ownership truly ban seasonal rentals?" he inquired on the program.
Under the Le Meur law, the nickname given to the anti-Airbnb law, at least two-thirds of the co-owners must approve a provision to outlaw short-term rentals of furnished properties. Prior to this law, unanimous agreement among co-owners was necessary to institute such a ban. This was enough for a single co-owner leasing through Airbnb to block the ban. The lawyer emphasized this crucial change in his explanation.
However, this two-thirds majority vote is only applicable in co-ownerships where there is a clause of exclusive bourgeois habitation, i.e., pure housing properties with no commercial activity. In many buildings in Paris and other cities, ground-floor retail spaces are common. In such co-ownerships, unanimous agreement remains necessary to implement a ban on short-term rentals.
Romain Rossi-Landi views the Le Meur law as having limited impact on co-ownership regulations, despite the new requirement for new buildings to decide, explicitly, on the issue of short-term rentals. He also cautions against resolutions to ban short-term rentals that are placed on general assembly agendas without evaluating the properties' primary or secondary residence status, as this could lead to litigation.
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- In the context of the Le Meur law, a two-thirds majority vote of co-owners is necessary for a ban on short-term rentals in co-ownership properties, unlike the previous requirement of unanimous agreement.
- The Le Meur law, also known as the anti-Airbnb law, has limited impact on co-ownership regulations, especially in buildings with ground-floor retail spaces where unanimous agreement remains necessary to institute a ban on short-term rentals.
