Becker & Poliakoff

Not In My Backyard! Regulating Short-Term Vacation Rentals with Texas Attorney David Schwarte

Not In My Backyard! Regulating Short-Term Vacation Rentals with Texas Attorney David Schwarte

For more episodes of Take It To The Board, click here!

It’s a complex issue that is reshaping neighborhoods and communities across the country. We are talking about Airbnb, a homestay rental experience that has quickly become a major disruptor in the global hospitality industry. It’s also become a major security concern in many private residential communities, with reports of “party houses” and even crime. Host Donna DiMaggio Berger looks at the consequences for residential communities with guest David Schwarte, Texas attorney and co-founder of the Texas Neighborhood Coalition, an organization that tackles the problems associated with short-term rentals.

Together, they share insights into the vacation rental trend, its impact on housing affordability, and the rise in community activism in response. David shares how he worked to persuade local government officials to exclude short-term rentals from residential neighborhoods and how he assisted community associations in using their restrictive covenants to preserve their private residential lifestyle.

Donna and David explore the legislative maze that governs these rentals in Texas and beyond, drawing parallels with the situation in Florida where state-level preemption looms large. The importance of community involvement cannot be overstated, and through tales of town hall meetings and city council persistence, they spotlight the successful grassroots victory that led to change for residential neighborhoods in Arlington, Texas. Learn about the importance of strong, interconnected communities and the efforts needed to protect and fortify them.

Conversation highlights include:

  • The impact of private residential zoning laws on Airbnb
  • Arguments of economic benefits for homeowners and local businesses
  • Claims of a constitutional right to monetize properties
  • The role of local governments in regulating short-term rentals
  • How Airbnb model impacts affordable housing
  • How Community Associations can draft covenants to combat short-term rentals

About Take It To The Board

Think you know what community association life is all about? Think again. Residents must obey the rules, directors must follow the law, and managers must keep it all running smoothly. Take It To The Board explores the reality of life in a condominium, cooperative or homeowners’ association, what’s really involved in serving on its board, and how to maintain that ever-so-delicate balance of being legally compliant and community spirited. Leading community association attorney Donna DiMaggio Berger acknowledges the balancing act without losing her sense of humor as she talks with a variety of association leaders, experts, and vendors about the challenges and benefits of the community association lifestyle.

If you’ve got a question, Take It To The Board with Donna DiMaggio Berger – We Speak Condo & HOA!

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