The world of short-term rentals continues to expand. What started as renting entire homes continues to progress to other aspects of the home. A few years ago, we brought you news of short-term rentals expanding to the water with Swimply and homeowners renting out their pools for hours at a time. Now, short-term rentals are going to the dogs with Sniffspot.
What is Sniffspot?
Sniffspot promotes itself as a platform to “rent safe and private dog parks hosted by locals.” In reality, what Sniffspot labels as “dog parks” are homeowners’ backyards.
Sniffspot works off of a credit based membership program selling credits in monthly or annual bundles. The owners renting their yards set a credit price, plus an annual rate per dog.
A major driver in the marketing language for Sniffspot is that the listed spots are designed for dogs to socialize and with reactive and sensitive dogs in mind.
Concerns for POAs
As with many of the short-term rental sites that allow an owner to rent out a portion of their property, the primary concern for a POA is the liability. Could a POA be liable should a dog from a Sniffspot renter get loose in the community and cause harm?
On the surface, it is unlikely that the POA would be liable for damages; however, there is nothing to prevent a Sniffspot renter or resident from bringing a claim against the POA.
A situation POAs need to be mindful of is addressing resident complaints if the listing becomes more active. Should the POA be made aware of ongoing issues related to Sniffspot, not take action and an incident occurs causing harm to another resident, the POA may face potential liability.
Regardless, even if the claims are found to be without merit, the POA could incur time and expenses related to defending against the action.
Along with the liability concerns, other concerns for POAs and Sniffspot mirror those with other short-term rentals: increased traffic, excess noise, parking concerns and trash. Add in the dog factor, there could can be an increase in smell and concerns about disposal of animal refuse.
What Actions Can the POA Take?
As with other short-term rentals, POAs need to get ahead of potential issues and modify the restrictive covenants to have a specific prohibition against the practice of renting out a portion of the property as a dog park. The POA will need to consult with its legal counsel to determine whether the current language in the restrictive covenants is broad enough to prohibit such rentals. As we have seen in cases involving the short-term rental of entire homes, the courts are not receptive to arguments against short-term rentals if restrictions and policies are not in place prior to taking action against the owners.
What’s Next for Short-Term Rentals?
The last few years has seen almost every piece of the home commoditized in some way. What started as renting an entire property has evolved into renting out rooms, pools and now just the yard. Is the ability to rent small specific features of your home, such as a super charger for your car next? Only time will tell. In the meantime, POAs, their boards and managers should remain vigilant on the trends in short-term rentals and work with legal counsel to proactively address matters before potential, costly litigation arises.
