Protecting Short-Term Rental Rights in Pennsylvania

As short-term rentals (“STRs”) continue to thrive in the Pocono Region and across Pennsylvania, it is
important that owners, buyers and owners’ associations (HOAs/POAs) understand their rights. In several recent cases, overreaching HOAs have had their restrictive STR policies overturned and appeals have gone as high as the state’s Commonwealth Court. You can read more about Short-Term Rentals Win Two Big Victories in Pennsylvania’s Commonwealth Courts

The attorneys will tell you the details are unique in each case, it all comes down to the founding documents of the communities and their Covenants or Articles of Incorporation. Bylaws (amendments) will modify these documents and Rules and Regulations may be applied by community managers, but the basis for these adjustments comes from the founding documents. If current policies stray too far from their founding basis, court cases can help return things back to the way it once was

Attorney Eric Smith is a Property Rights Expert and he has published a white paper that starts off with this Summary of Main Points

• As short-term rentals (STRs) continue to grow in popularity across Pennsylvania, particularly in the Pocono Region, it is essential for property owners, buyers, and homeowners’ associations to understand the importance of their community’s Declaration and other governing documents.
• These documents dictate whether or not rentals, including STRs, are permitted.
• Attempts by associations to impose additional restrictions outside of the Declaration are often unenforceable.
• Restrictions on property use must be clearly stated and legally enacted, with substantial changes to rental rights requiring unanimous consent from property owners.

Please download the full white paper.

The Poconos Association of Vacation Rental Owners (Poconos VRO) is a trade association formed to help be the voice of the STR “industry.” The mission of of Poconos VRO is to represent and advance the interests of vacation rental owners in the Poconos and advocate for practical short-term rental regulation; while providing members with the educational, networking, and resources they need to run responsible businesses.

Even if you don’t yet have a Poconos AirBnB, please join Poconos VRO as subscribing member and come to the Poconos STR Conference on March 6, 2025.

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