Vacation Homes

News & Analysis as of

Short-term lettings frustrated by user covenant

The decision of the Upper Tribunal in Iveta Nemcova v. Fairfield Rents Limited [2016] UKUT 303 (LC) is a reminder that it is not just the alienation covenant that must be considered when a tenant seeks to deal with its lease....more

Airbnb Sues Anaheim Over Law That Makes Website Liable for Illegal Short Term Rentals

Airbnb recently filed a federal lawsuit against the City of Anaheim over a new law that penalizes short-term rental sites like Airbnb for hosting listings that violate the City’s rental regulations. The new law, which went...more

Julia Child Foundation Sues Airbnb for Using Her Name Without Permission

The charitable foundation representing the estate of famed chef, culinary author and TV personality Julia Child, has sued Airbnb because the company used Child’s name and likeness for a Memorial Day promotion without the...more

Will Your Estate Plan Preserve the Family Vacation Home?

Now that sunshine and blue skies are upon us, people are opening their summer homes for the season. Happy memories of family vacations and gatherings often motivate parents to seek out ways to preserve their second home for...more

The Dangers of Idle Property: Squatters Rights in California

Imagine that you live in Colorado, but own a vacation home in California. You love California, but are only able to visit once a year during the summer, while your kids are on vacation from school. Typically you and your...more

Trust Planning for Your Lake Home

Part of your family legacy takes place on the lake. Lake homes are significant investments. You have memories of family trips, of children, and maybe even grandchildren, growing up at the home. Preserving the lake home and...more

Vacation rental websites create difficult choices for hotels

In just a few years, vacation rental websites have exploded onto the scene, commanding a significant market presence in the hospitality industry and redefining traditional “vacation rentals.” In particular, websites like...more

Family Vacation Home Planning

Transferring a family vacation home to the next generation without causing family strife takes serious planning. Even if the ultimate decision is to have the children own the property outright and figure out how to make it...more

Bill to Tax Vacation Home Rentals Is Alive but Not Quite Kicking

Attention, Massachusetts vacation home owners who earn money renting your properties! An Act Providing for Local Aid Enhancement is showing signs of kinetic energy....more

Omni Accuses Vacation Rental Site of Trademark Infringement

Omni Hotels Management Corp. (Omni) has recently filed a trademark infringement lawsuit against HomeAway.com Inc. (HomeAway), in the Northern District of Texas. HomeAway operates multiple websites that offer vacation home...more

The Home-Sharing Economy

Long before Airbnb, short-term home rental platforms, such as VRBO and Vacation Home Rentals, connected individuals looking for hotel alternatives. Recently, however, the notion of short-term home rentals has become a...more

The family vacation home Relax — but don’t relax the rules

A shared family vacation home can be a great place for family bonding, but don’t get too relaxed. A little planning — together with some clear rules about the usage of the home — can go a long way toward avoiding conflict and...more

Insight on Estate Planning - Year End 2015

Paying for LTC insurance using a tax-free exchange - Nothing can throw a monkey wrench into an estate plan like incurring long-term care (LTC) expenses. These expenses — for nursing home stays, assisted-living...more

Online Vacation and Short term Rental Sites: Are Taxing Days Ahead?

In recent years, online vacation and short term rental sites have made great inroads into the hospitality industry. Given their infancy and business model, however, they have gone largely unregulated, particularly when it...more

Tax and Estate Planning Newsletter - Summer 2015

Dear Clients and Colleagues: This summer’s weather is a mix of hot and cold temperatures, and the rain we need so desperately is coming now in sprinkles along with thunder and lightning. Along with changes in the...more

IREG Update - August 2015

Hot Topic: Re"visiting" the sharing economy - A primer on the insurance issues surrounding lodging sharing companies - Background Beginning in the early 2000's, social technologies enabled the emergence of new...more

An Outside-the-Box Thought on Proposals to Tax Vacation Home Rentals

I even have a suggestion on where one of those colonies might go: Morris Island, in Chatham.  The miles of beaches on Morris Island are public, while the interior of the island is privately owned and taken up with estates...more

Idaho Real Estate & Development Law Update: In Idaho, CC&R Amendments May Add New Burdens, Not Just Modify Existing Ones

In the recent case of Virgil Adams v. Kimberley One Townhouse, released June 22, 2015, the Idaho Supreme Court covered some new ground and revisited some old ground. The case involved a townhouse subdivision governed by a...more

Vacation Homes and Taxation

Summer is in full swing and PK Law thought it an appropriate time to discuss the tax implications of owning a vacation home. The general benefits of such ownership are obvious: a cheaper family vacation over the short term;...more

Asheville, North Carolina Looks At Short-Term Rentals and Zoning, Fees

Thanks to the internet, is this a golden age of direct-to-consumer, everyday necessities like living quarters -- think AirBnB or Couchsurfing -- to transportation -- think Uber and Lyft? Is laundry next? What about eating? ...more

Estate Planning for a Vacation Home

If you are lucky enough to own a vacation home, then you need to figure out what will happen to it after you are gone. Many parents hope to keep vacation homes in the family, but guaranteeing that can be tricky....more

A Taxing Problem: How to Regulate Online Vacation Rental Marketplaces

In recent years, the “sharing economy” has developed across the country. It is largely unregulated and, as such, can operate contrary to the interests of local businesses and communities. These “sharing” services are complex...more

First Circuit Addresses “Insured Location” Exclusion in Homeowner’s Policy

In its recent decision in Vermont Mut. Ins. Co. v. Zamsky, 2013 U.S. App. LEXIS 20569 (1st Cir. Oct. 9, 2013), the United States Court of Appeals for the First Circuit, applying Massachusetts law, had occasion to consider...more

A Person Owning a Fractional Interest in a Vacation Home is Protected by Arizona’s Anti-deficiency Statute

In Independent Mortgage v. Alaburda, the Arizona Court of Appeals held that Arizona’s anti-deficiency statute, A.R.S. § 33-814(G), precluded a lender from suing its borrowers for a deficiency after foreclosing on the...more

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