Eastham, Mass., Code of Bylaws ch 116 § 116-2
Definitions (Eastham Rentals, Short-Term)
Operative Text
For purposes of this article, the following terms shall have the definitions indicated. CORPORATION All businesses and charitable entities required to file articles of incorporation and annual reports with the Massachusetts Secretary of State or an equivalent agency of another state, pursuant to G.L. c. 156D, § 2 , or G.L. c. 180, § 4 , respectively. OWNER Any person who alone, or severally with others, has legal or equitable title or beneficial interest in any dwelling unit; a mortgagee in possession; or agent, trustee or person appointed by the courts. An owner can be a single person, a marital unit, a group of people, LLC, or a trust. The owner may also be referred to as the operator or the host. SHORT-TERM RENTAL The rental of a whole or a portion of a residential or secondary dwelling unit, in exchange for payment, as residential accommodations for not more than 30 consecutive days, excluding a hotel, motel, or lodging house or tourist home for transient guests as defined in Massachusetts General Laws Chapter 64G . TIME SHARE, INTERVAL OR FRACTIONAL OWNERSHIP UNIT Any dwelling unit which is owned by a limited-liability company, corporation, partnership, or other joint ownership structure in which unrelated persons or entities own, sell, purchase or otherwise for consideration create or acquire any divided property interest, including co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are subject to, or subsequently bound by, any agreement limiting the right or functional ability of interest holders or their designees to occupy or use the property to their respective interests or any other agreement which limits interest holders' or their designees' use of the property to fractional reservations through stay limitations of any duration. Such use is established by any of the following elements: A. Co-ownership or fractional or divided estates, shares, leaseholds, or memberships which are openly advertised, marketed, or offered for sale and sold individually at separate times; B. Centralized or professional management; C. Reservation systems; D. Maximum or minimum day limits on each interest holder's occupancy or use of the property; or E. Management agreements or fees reflective of interval use or ownership, irrespective of whether the agreement may be cancelled individually or by any party.
Section 116-2 of Eastham's Code of Bylaws (CH. 116) establishes the working definitions that govern the town's short-term rental article. Key terms defined include 'Corporation,' 'Owner,' 'Short-Term Rental,' and 'Time Share, Interval or Fractional Ownership Unit,' each carrying a specific meaning that determines how the rest of the article applies. A short-term rental is defined as the rental of all or part of a residential dwelling for no more than 30 consecutive days in exchange for payment, while time-share and fractional ownership arrangements are identified by characteristics such as centralized management, reservation systems, or limits on each owner's occupancy. These definitions set the scope of who and what is regulated under the article.
Plain English — not legal advice.
Property owners and managers operating in Eastham should be familiar with the definitions in CH. 116 § 116-2, as they determine whether a given property or arrangement falls under the town's short-term rental regulations. The provision broadly defines 'Owner' to include individuals, married couples, groups, LLCs, and trusts—and uses the terms 'owner,' 'operator,' and 'host' interchangeably—so compliant operators generally confirm which category applies to their ownership structure. Those holding or marketing fractional or co-ownership interests should pay particular attention to the time-share definition, which captures arrangements with features like reservation systems or occupancy-day limits regardless of how the ownership is formally labeled.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants or guests using short-term accommodations in Eastham, CH. 116 § 116-2 clarifies what types of rentals and ownership structures fall within the town's regulatory framework. The definition of 'Short-Term Rental' covers stays of 30 consecutive days or fewer in residential or secondary dwelling units, but excludes hotels, motels, and lodging houses as defined under Massachusetts General Laws Chapter 64G. Individuals who believe a rental arrangement may be misclassified or operating outside the article's definitions can consult local tenant-rights organizations or contact the relevant Eastham municipal office for guidance on how the definitions apply.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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