[tptacek]

I understand that there's some ambiguity to the term, but for most people in the US, the word for an apartment that is owned by occupants who do not own the rest of the building is "condominium". Also, you should note that most condominiums have even stricter rules for usage of the building; these are legally binding agreements that attach to the mortgage of the condo.

It is very, very easy for Airbnb to attempt to determine whether a lister owns their property. Obviously, they aren't foolproof. But for starters they could just have a checkbox, and a big red warning if you check it.

[invisible]

  very, very easy...attempt to determine

Yes, they can attempt at determining the ownership but a condominium can also be rented out by the individual landlord legally (as in my case twice at two different residents). A lease is a unique binding contract that varies even within an apartment/condo complex.

The hosts do agree to the terms of service, but I suppose if they want to make it less agreeable to hosts they could scare them away with a big red warning when signing up.