Category Archives: sharing economy

Legal & Lege TREND. Can a HOA retroactively prohibit leasing in a sharing economy?

The Big Question: Can a home owner association retroactively restrict the ability of a property owner to lease their property?

The majority of states and courts say yes, retrocative property rights restrictions on short term rentals are ok.

Harvard University | Retroactive restraints on leasing in homeowners associations

Posted byadminJune 12, 2017Posted inlegal trend, private property rights, sharing economy

Sharing Economy Trend. Country Lists Itself on AirBNB

the country: Sweden

How can a country list itself on AirBnB? In Sweden, the first law of the country is Allemansrätten which means you can freely roam, camp and forage.

Does Allemansrätten mena you can enter homes or cabins and pillage? No. Swedes aren’t inviting people to be Vikings. The law means you can pick some chantrelles in the forrest, it doesn’t mean pick the lock on the cabin.

Business Insider Nordic | The country of Sweden just became the world’s first to be listed on Airbnb -…

Posted byadminMay 25, 2017Posted inbusiness trend, land use, legislation trend, private property rights, sharing economy

6 Reasons the Right Thinks Idahos Short Term Rental Statute is the Best.

In 2017, Idaho passed short term rental law ( HB 216 ) that is being hailed by the right as model legislation because the regulations:

requires owners of short-term rentals to pay state sales and hotel taxes
taxes will be collected by “marketplaces” such as Airbnb
property owners to register with the state tax commission 45 days after their first lodging transaction
uses state authority to stop local bullies from singling out STRs for special mistreatment
local governments can regulate…

Posted byadminMay 16, 2017Posted in2017 legislative issues, local government trend, private property rights, sharing economy

-1 Sunshine State Fails to Pass Home Sharing Legislation. No Local Preemption.

Cities in Florida rejoice that the Legislature failed to pass statewide short term home rental legislation.

The bill would have preempted local ordinances on short term home rentals.

Sarasota Herald Tribune | Vacation rental bill dies, but sponsor pledges to bring it back

Posted byadminMay 9, 2017Posted in2017 legislative issues, legislation trend, private property rights, sharing economy

Lege Trend. Southern State Wants to Tax Home Share Rentals. 3 Key Bits of Information.

State: Mississippi

The tax proposal on home sharing:

is triggered if a person rents out their home, or a portion thereof for less than 90 days
must remit 7 %state sales tax on gross revenue from the rental and related charges
- other charges include: such as soap, coffee, food or other amenities
requires collection and remittance of any applicable local government “hospitality” taxes

Clarion Ledger | Mississippi Dept. of Revenue pushing to tax Airbnb, other rentals like hotels

Posted byadminApril 28, 2017Posted in2017 legislative issues, legislation trend, local government trend, private property rights, sharing economy

Private Property Rights Trend. Great Northwest. Sharing Economy Regulations with Ownership Limit.

City: Seattle

The proposed home sharing ordinance:

requires hosts to get a short-term rental operator’s license with the city
no city restrictions on the number of nights on a primary residence
hosts can own 2 properties within seattle under the ordinance

NBC K5 Western Washington | Seattle Councilmember proposes Airbnb regulations

Posted byadminApril 27, 2017Posted in2017 legislative issues, legislation trend, local government trend, private property rights, sharing economy

Private Property Rights. Short Term Rentals. Republican in Sunshine Breaks Ranks. Makes 3 Points.

The Republican Chairman of the Regulated Industries Committee that heard Florida’s proposed statewide short term rental bill said the following in opposition to the bill:

He’s an advocate for local control of vacation rentals
He offered an amendment to preserve local control, his county attorney opposed the amendment
He brings the bill up for a vote, and votes no. There were more than ample ayes to pass the bill.

Palm Coast Observer | Florida State Senator Travis Hutson | Here’s what’s…

Posted byadminApril 20, 2017Posted inlegislation trend, local government trend, private property rights, sharing economy

Lege Trend. Private Property Rights in Advertising Your Property. Advertising Replaces Preemption.

State: Utah

How did Utah end up protecting the right to advertise your property on AirBnB?

The legislature left cities and counties with the ability to regulate short term rentals
But, the Legislature provided statewide protection by permitting advertising of your property on AirBnB platform.
The advertising provision replaced a preemption provision.

Utah House Bill 253 (2017)

Moab Sun News | Rentals bill shifts focus to online advertising