# Help fighting a bylaw infraction. Do GuestPoints have monetary value? **URL:** \ **Category:** 🤔 Q&As: Ask the community\ **Created:** [March 12, 2025, 9:36am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999 "2025-03-12T09:36:36Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [March 12, 2025, 9:36am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/1 "2025-03-12T09:36:36Z")
We were recently fined by our local municipality for using [HomeExchange.com](http://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. ---
**Author:** ![Melissa.HomeExchange](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/melissa.homeexchange/32/9318_2.png) [@Melissa.HomeExchange](https://forum.homeexchange.com/u/Melissa.HomeExchange)\ **Post date:** [March 12, 2025, 9:37am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/2 "2025-03-12T09:37:48Z")
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. ---
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [March 13, 2025, 4:27am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/4 "2025-03-13T04:27:49Z")
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”. The Bylaw under which we are being fined can be found here: [https://www.whistler.ca/wp-content/uploads/2023/03/Tourist-Accommodation-Business-Regulation-Bylaw-No.-2142-2017.pdf](https://www.whistler.ca/wp-content/uploads/2023/03/Tourist-Accommodation-Business-Regulation-Bylaw-No.-2142-2017.pdf) Note that on page 2 of the document they define **_“tourist accommodation business” means the business of marketing or providing_** **_accommodation 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. Thank you, Robert > **(attachments)** > > [WhistlerBylawNotice\_Redacted.pdf](https://forum.homeexchange.com/uploads/short-url/csGT5t3XgrsELpDTBbqUhTF1gk8.pdf) (1.33 MB) ---
**Author:** ![Etienne](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/etienne/32/1541_2.png) [@Etienne](https://forum.homeexchange.com/u/Etienne)\ **Post date:** [March 13, 2025, 11:04am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/5 "2025-03-13T11:04:15Z")
You should contact directly the member support to see that. The contact page is [https://help.homeexchange.com/hc/en-us/requests/new](https://help.homeexchange.com/hc/en-us/requests/new) ---
**Author:** ![Melissa.HomeExchange](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/melissa.homeexchange/32/9318_2.png) [@Melissa.HomeExchange](https://forum.homeexchange.com/u/Melissa.HomeExchange)\ **Post date:** [March 13, 2025, 11:17am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/6 "2025-03-13T11:17:39Z")
Yes if you could please contact Member Support they should be able to help you with this further. ---
**Author:** ![VintageMtl](https://avatars.discourse-cdn.com/v4/letter/v/439d5e/32.png) [@VintageMtl](https://forum.homeexchange.com/u/VintageMtl)\ **Post date:** [June 13, 2025, 1:18pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/7 "2025-06-13T13:18:12Z")
In Quebec City, Canada (and many other cities) there is a by-law designed to slow the spread of Airbnb-style accommodation. In our case, there are two key concepts in the by-law: principal residence and remuneration. My understanding is the HE concept is not considered tourist accommodation if you can prove to the city you are using your principal residence. City requires an income tax return with your principal residence address on it as proof. As such, a secondary residence used for HE would not qualify for the exemption, and might be considered tourist accommodation. The second concept to be exempt from anti-Airbnb regulation is remuneration. Reciprocal exchanges are fine, but GP exchanges might be considered by city regulatory officers as a form of remuneration, even if there is no actual money exchanged. GP could be viewed as a voucher to be used exclusively to purchase accommodation. Vouchers might be viewed as a form of private money, earned through accommodating guests. I’m interested in learning if any HE members have encountered such stances from city regulators (anywhere in world), and if HE regulatory affairs / legal counsel can share any insight on this matter, beyond superficial talking points. ---
**Author:** ![Etienne](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/etienne/32/1541_2.png) [@Etienne](https://forum.homeexchange.com/u/Etienne)\ **Post date:** [June 13, 2025, 8:18pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/8 "2025-06-13T20:18:43Z")
Yes unfortunately there were some régulations and there still is in Amsterdam ( in Scotland the Law was changed to exempt HE hopefully). See faq dedicated page : [https://help.homeexchange.com/hc/en-us/sections/14229153882653-Legislation](https://help.homeexchange.com/hc/en-us/sections/14229153882653-Legislation) ---
**Author:** ![Melissa.HomeExchange](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/melissa.homeexchange/32/9318_2.png) [@Melissa.HomeExchange](https://forum.homeexchange.com/u/Melissa.HomeExchange)\ **Post date:** [June 16, 2025, 10:08am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/9 "2025-06-16T10:08:48Z")
Thank you for your detailed and considered reply. It is very helpful for other members to understand the situation with this in your area. There are indeed issues surrounding this type of action from various regional governments and I see @Etienne has already shared more details of this in his reply (thank you!) The HE legal affairs team are aware and in conversations with these government bodies to campaign to keep HomeExchange as completely separate from fee paying booking sites. ---
**Author:** ![JoanneS](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/joannes/32/13319_2.png) [@JoanneS](https://forum.homeexchange.com/u/JoanneS)\ **Post date:** [July 6, 2025, 11:11pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/10 "2025-07-06T23:11:03Z")
Hi @Melissa.HomeExchange, we have the same issue in downtown San Diego with high rise living. Per theTreo @ Kettner (our high rise) Rules & Regulations, section 24.2 Civil Code Section 4741, we cannot let guests stay in our home unless it’s 30 or more days. I’m curious if we as home owners can have HE guests sign a 30 day lease agreement in addition to the HE approved exchange? Thank you, Joanne ---
**Author:** ![Etienne](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/etienne/32/1541_2.png) [@Etienne](https://forum.homeexchange.com/u/Etienne)\ **Post date:** [July 7, 2025, 7:02am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/11 "2025-07-07T07:02:28Z")
This forum is not the support. Please contact the staff with the regular contact form ---
**Author:** ![Melissa.HomeExchange](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/melissa.homeexchange/32/9318_2.png) [@Melissa.HomeExchange](https://forum.homeexchange.com/u/Melissa.HomeExchange)\ **Post date:** [July 8, 2025, 3:25pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/12 "2025-07-08T15:25:11Z")
I’m afraid I cannot help with personal cases such as this, however my colleagues in the happiness member support team would be able to help. [Contact us - HomeExchange](https://www.homeexchange.com/p/contact-us-homeexchange) ---
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [October 27, 2025, 11:12pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/13 "2025-10-27T23:12:56Z")
I wanted to let everyone know that through adjudication we were able to have the bylaw infraction overturned. If there is anyone else in Whistler, BC, Canada with a similar issue, I would be happy to help. ---
**Author:** ![Nathalie1](https://avatars.discourse-cdn.com/v4/letter/n/7993a0/32.png) [@Nathalie1](https://forum.homeexchange.com/u/Nathalie1)\ **Post date:** [October 28, 2025, 2:03pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/14 "2025-10-28T14:03:49Z")
> [@robt](#): > > ned. If there is anyone else in Whistler, BC, Canada with a similar issue, Hi **[robt](https://forum.homeexchange.com/u/robt)** Congratulations for this success. It will help many members who can have the same problem. May i ask if they are any paying cleaning fees in your case? Or only GPs and no money transaction? ---
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [October 28, 2025, 5:01pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/15 "2025-10-28T17:01:58Z")
Yes, we do request a cleaning fee for GP exchanges. However, we presented an invoice from our cleaners demonstrating that the cleaning fee is in fact slightly less than our cost of cleaning and we are simply transferring the money to the cleaners. ---
**Author:** ![Melissa.HomeExchange](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/melissa.homeexchange/32/9318_2.png) [@Melissa.HomeExchange](https://forum.homeexchange.com/u/Melissa.HomeExchange)\ **Post date:** [November 6, 2025, 2:19pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/16 "2025-11-06T14:19:11Z")
That’s great, and thank you so much for updating the community 🙂 ---
**Author:** ![Erinlea](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/erinlea/32/3904_2.png) [@Erinlea](https://forum.homeexchange.com/u/Erinlea)\ **Post date:** [January 21, 2026, 4:57pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/17 "2026-01-21T16:57:52Z")
Hello robt…. We have recently come in to an issue on Mayne Island. Would love to hear if you have any good advice on how to approach my local government. Thank you! ---
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [January 25, 2026, 2:37am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/18 "2026-01-25T02:37:33Z")
Hi Erinlea. I have attached the presentation that I used in fighting the bylaw infraction. The primary issue is that the Whistler bylaw uses the term “payment”. Also, the BC provincial legislation uses the term “fee”. In law, a payment or fee, does not need to be money, but must be what is referred to as monetary consideration. I used a case from the in which a Casino in Niagra Falls gave out Cigarettes in exchange for points which violates the Canada Health Act stating that cigarettes can not be offered free of charge. Essentially, the GuestPoints share many of the same characteristics of points offered by the casino, and hence should not be considered to have monetary value. I have attached the presentation I used in my defense and the details of the case that I used in my defense can be found here: [https://www.canlii.org/en/ca/fca/doc/2006/2006fca69/2006fca69.html](https://www.canlii.org/en/ca/fca/doc/2006/2006fca69/2006fca69.html) [Response to Whistler Bylaw Notice.pdf](https://forum.homeexchange.com/secure-uploads/homeexchange/original/3X/6/7/67c33cfc047864223a34aecd430f25b475d6cccf.pdf) (98.7 KB) Feel free to reach out if you have any additional questions. ---
**Author:** ![Erinlea](https://dub1.discourse-cdn.com/homeexchange/user_avatar/forum.homeexchange.com/erinlea/32/3904_2.png) [@Erinlea](https://forum.homeexchange.com/u/Erinlea)\ **Post date:** [January 25, 2026, 3:04am UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/19 "2026-01-25T03:04:57Z")
Thank you!! I’ll let you know how it goes. 🙂 ---
**Author:** ![BHam](https://avatars.discourse-cdn.com/v4/letter/b/dfb087/32.png) [@BHam](https://forum.homeexchange.com/u/BHam)\ **Post date:** [July 20, 2026, 7:32pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/21 "2026-07-20T19:32:07Z")
Hey, there. Wondering if you have continued to use HomeExchange in Whistler and whether you’ve run into any further issues with the Muni? We are planning to list our place and I was really disappointed to see their interpretation of it being a violation of the residential zoning bylaw… Curious to get an update from your perspective and/or anyone else who has run into issues with this. ---
**Author:** ![robt](https://avatars.discourse-cdn.com/v4/letter/r/7ba0ec/32.png) [@robt](https://forum.homeexchange.com/u/robt)\ **Post date:** [July 20, 2026, 10:35pm UTC](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999/22 "2026-07-20T22:35:02Z")
After winning the appeal I have continued to use HomeExchange in Whistler with GuestPoints without issue. I highly doubt that RMOW (Whistler) will continue to harass people about home exchanges, and if they do, I’m happy to help out. [Next page](https://forum.homeexchange.com/t/help-fighting-a-bylaw-infraction-do-guestpoints-have-monetary-value/10999.md?page=2)