Miami’s Opera Tower condo complex is suing Airbnb in the 11th District Circuit Court, accusing the rental platform of violating the city’s zoning regulations and turning the complex into “an unpleasant and unsafe living environment.”
“Despite the fact that the Opera Tower Condominium does not have a certificate of use for lodging, Airbnb has misappropriated the condominium property and turned it into its own de facto, unlicensed hotel,” the complaint filed last month states.
The Opera Tower Condominium Association seeks injunctive relief under the Florida Deceptive and Unfair Trade Practices Act, and it alleges that short-term rentals in the building are contributing to trespassing and other problems. Airbnb currently lists up to 200 units at the Opera Tower, according to the lawsuit.
In response to a query from the Florida Record, an Airbnb representative said the company is working to address concerns.
“All Airbnb users agree to comply with applicable laws and regulations, including their HOA and condo board regulations,” an Airbnb statement emailed to the Record says. “It’s important for our hosts to be good neighbors, and we have shared the Opera Tower Association’s concerns with members of our host community.”
The company has been making some general changes to prevent problems with vacation rentals listed on its site. In August, Airbnb prohibited parties and events and limited occupancy to 16 guests.
The Opera Tower Association, which manages 635 residential units, spends more than $500,000 annually on security, according to the complaint.
“In addition, the association has hired off-duty police officers to assist on the weekends when the Airbnb short-term rental traffic in the building is at its peak,” the lawsuit states. “The additional security is necessitated by virtue of the late-night parties, loud music, and verbal and physical confrontations that occur on a daily basis at the Opera Tower Condominium.”
Crimes attributed to transient users, including robberies and assaults, are also alleged in the complaint. In addition, the association has noted long wait times for elevators in the complex due to the number of short-term rentals.
The lawsuit lists only Airbnb as a defendant, but other vacation rental platforms have listed units in the Opera Tower. These include VRBO.com (Vacation Rentals By Owner), which lists homes worldwide.