We were recently fined by our local municipality for using HomeExchange.com. We were informed that points exchanges are considered short term rentals and are not permitted for our property because points are considered to have monetary value.
We are in the process of disputing the infraction and would appreciate any help from the community. Are there any lawyers based in Canada who might have suggestions on how to best win the dispute? We were told that reciprocal exchanges are acceptable, it is only points exchanges that are the problem.
More specifically, the Bylaw states that we are prohibited from “marketing or providing accommodation or lodging to paying guests”.
Any suggestions or assistance in proving that exchanges using points are not “paying guests” would be greatly appreciated.
Firstly welcome to the Forum Rob and thank you for reaching out and sharing your situation with the community. At HomeExchange, we closely monitor these regulatory matters across different jurisdictions.
To clarify, GuestPoints do not have monetary value and are not a form of payment. They serve as a way to facilitate non-reciprocal exchanges within a community based on hospitality and trust, rather than commercial transactions.
However, some municipalities may have different interpretations of their regulations.
To assist you further, please email us with a copy of the fine document and the specific legislation being referenced. This will allow us to better understand the situation and provide relevant guidance.
We appreciate your engagement in the HomeExchange community and hope to help you navigate this issue.
Hi Melissa,
Thank you very much for your response and offer of assistance. Attached is a copy of the fine that we received. We are being fined for “carry on tourist accommodation business without a license”.
Note that on page 2 of the document they define “tourist accommodation business” means the business of marketing or providingaccommodation or lodging to paying guests, and includes hotel businesses, hostels, pensions, bed and breakfasts, campgrounds, recreational vehicle parks, and vacation rental businesses;
The Bylaw officer claims that accepting GuestPoints means that I am providing lodging to paying guests. Any information on members who have appealed similar bylaws would be greatly appreciated.
and thank you for reaching out and sharing your situation with the community. At HomeExchange, we closely monitor these regulatory matters across different jurisdictions.