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The court has allowed the Community Association to restrict short-term rentals

According to a recent decision by the Municipal Court in Prague, Community Associations have the option to prohibit the rental of an apartment through services such as Airbnb in their statutes.

mailboxes in an apartment building
2 minutes of reading
8. 10. 2020

Noise, litter and countless tourists in the building

Residents of many apartment buildings in Prague, but also other cities, have to often deal with the negative consequences of short-term rentals. Many apartment owners in Prague are foreigners who buy apartments only for the purpose of renting them out to tourists coming to the Czech Republic. However, what initially seemed like a good idea for avoiding expensive hotel rates, this has created a highly-criticized business model. Especially now, as the centre of Prague is becoming a place where residents are no longer able to live.

Statutes of the Community Association or Housing Coop

We will check the statutes from your Community Association or Housing Coop and ensure that they are in accordance with current legislation and the needs of the building’s residents.

We can also setup a Community Association or Housing Coop for you on a turnkey basis, if you need one. We will arrange everything quickly, correctly and at pre-set prices. You can also choose to pay after the service is provided.

In addition to litter in the common areas, the daily noise disturbances from late-night returns of Airbnb customers angered the residents of one apartment building in Prague, after which the Community Association banned its owners from using their apartments for short-term rentals. The owner of the apartment in question tried to defend their right of short-term renting in court, but they were unsuccessful and the Municipal Court in Prague ruled for the first time this week that the Community Association can prohibit these rentals in its statutes.

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Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.

It is essential to bear in mind that each dispute is different and in the present case, it was very well documented how the short-term rental affected daily life in the building. Those who will not be able to prove their claims as well, may not succeed in a similar situation.

The decision is not final

It’s important to mention that the judgment of the Municipal Court in Prague is not yet final, and the owner of the apartment can still appeal. If the judgment is confirmed, it can help Community Associations in many ways to cope with the harassment of tenants and owners caused by uncontrolled tourism. On the other hand, Community Associations would significantly interfere with the rights of individual homeowners to rent their properties.

Statutes of the Community Association or Housing Coop

We will check the statutes from your Community Association or Housing Coop and ensure that they are in accordance with current legislation and the needs of the building’s residents.

We can also setup a Community Association or Housing Coop for you on a turnkey basis, if you need one. We will arrange everything quickly, correctly and at pre-set prices. You can also choose to pay after the service is provided.

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Author of the article

medailonek-preuss

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education

  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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