Should Boards Sacrifice Residents' Privacy to Dissuade Illegal Hoteling?

Feb. 10, 2015 — Don't you hate it when you're stuck between a board that may be exceeding its authority and illegal Airbnb operators? Co-op and condo boards are savvy about illegal hotel operators, as often demonstrated in their bylaws. But boards aren't perfect, and sometimes they do go a little too far — even if they have the best of intentions. This seems to be the case at one New York City condo, where a board has instituted a new policy, a condo resident writes to Brickunderground.com. Those who live in the building must now submit a "permission to enter" form for every guest who stays over — without making the distinction between a significant other or relative crashing for the night and a short-term Airbnb subletter. The knee-jerk reaction is to remark that the board is being outrageous, nosy, and controlling. But when you consider that, as the same condo resident points out, these illegal short-term subletters are a persistent issue in the building, you kind of have to appreciate that the board is in a bit of a tight spot. On the one hand, the board has to protect the building and its residents. On the other hand, it does seem as if this board should consider relaxing the rules for regular visitors or family members. "A board requiring that written permission include addresses and phone numbers of [guests] might be viewed excessive for identifying entry authorization," says one of Brickunderground.com's experts Ken Lupano, executive director of Solstice Residential Group, a property management firm. "Perhaps that can be revisited." Just remember, employ the bees to honey approach and try to reason with the board. Lawsuits are time-consuming and expensive and will certainly generate a lot of bad blood.