Short-term rentals in Chatham County, explained properly.

The application checklist includes a completed HOA Affidavit. The affidavit says the rental will be conducted under Article XIII, Section 16-1304 of the County ordinance, and the owner either attests that the Homeowners Association has approved the dwelling for short-term rental use or certifies, with proof from the HOA, that the dwelling is outside any HOA approval requirement. The packet also says the owner's obligations under covenants or HOA covenants are not overridden or changed by the grant of a certificate.

If the owner is not the contact, the application requires an agent who is a valid local point of contact, is reasonably available to handle problems, appears on the premises within 24 hours after notification from the Fire Inspector, Chatham County or the Department of Building Safety & Regulatory Services, accepts service of notices of violation, and monitors compliance with the County Code. The Regulation Sign says the authorized local agent or emergency contact must be local and available 24 hours, with a copy of state-issued identification, and must be posted onsite.

The Short Term Rental Regulation Sign sets the occupancy rate at no more than two adults per bedroom plus two additional adults, with recreational vehicles or tents as listed by the manufacturer. Noise must comply with the County Noise Ordinance (Article III, Chapter 24, Noise Control). The sign form asks for a written description of parking guidelines and a parking diagram; the packet gives no parking count.

The owner agrees to provide and sustain the selected services for the duration of the license. Failing to sustain them is a violation of the County Short Term Rental Ordinance and grounds for suspension or revocation. The application also has a Fire Prevention review in which the Fire Inspector marks whether the business and location meets the local STR Ordinance and records an occupancy load.

The application has the applicant acknowledge a duty to collect a hotel/motel tax and remit it to the Chatham County Finance Department monthly on or before the 20th day of the month following collection, unless renting only through an online platform. The checklist also asks for proof of advertisement with a marketplace innkeeper for collection of Hotel Motel Tax. The packet does not state the County rate.

The application says the certificate is not a civil contract with the County and may be revoked by Chatham County at any time. It also says the written application is a permanent record that must be kept current, and that failure to keep it current is grounds for revocation. The HOA affidavit says fraud, misrepresentation or untrue statements are grounds for immediate revocation.

Georgia charges sales tax on accommodations. The state rate is 4%, and each county adds its own local sales taxes; the Georgia Department of Revenue publishes the combined rate for every county in a quarterly rate chart.

Georgia charges a $5.00 State Hotel-Motel Fee for each night an accommodation is rented, including short-term rentals. It is a flat amount per night, not a percentage of the rent, and is collected from the guest.

The $5 state fee does not apply once a stay becomes an extended stay: from the 31st day of uninterrupted occupancy by the same guest, the fee is no longer collected. If the guest checks out and checks back in, the count starts again.

If you list your home with an online booking platform that handles payment (a "marketplace innkeeper"), the platform must collect and remit the state hotel-motel fee for each night of those stays. For stays you book yourself, you collect and remit the fee.

Owners who collect the state hotel-motel fee must register on the Georgia Tax Center for a sales tax number and a state hotel-motel fee number, and file the fee return electronically by the 20th of the following month. A return is due every month, even when no rooms were rented and even if sales tax is filed quarterly or yearly.