Court affirms homeowners’ associations’ rights to regulate short-term rentals

A RECENT court ruling has affirmed the rights of homeowners’ associations (HOAs) and body corporates to regulate short-term rentals, following a legal challenge.

- ZELDA VENTER

This ruling arose from complaints by homeowners and associations about the operation of short-term rentals, with permanent residents expressing concerns about noise, overcrowding, and security risks.

The controversy primarily revolves around rentals in residential complexes where owners let out their apartments to weekend or holiday guests—commonly referred to as Airbnb rentals. This decision is expected to have significant implications for managing short-term rentals in residential areas, reinforcing the authority of HOAs to impose regulations aimed at protecting the interests of permanent residents.

The Gauteng High Court in Johannesburg faced an application by the Blyde Riverwalk Home-Owners Association against about 80 homeowners who used their units for short-term holiday accommodation. Complaints from permanent residents about noise and security risks prompted the HOA and developer to tighten conduct rules in 2020 to restrict short-term letting (STL).