HOA changed Bi-laws

HOA changed Bi-laws

We have a second house that we Airbnb when  we are not there. The community has since changed the bi-laws that prohibit us from using Airbnb. 
Curious if anyone else has had this issue and if there is any recourse other then give up the property. 
thanks in advance 

9 Replies 9
Helen3
Level 10
Bristol, United Kingdom

Could you convert it to a long term let? 

Yes ….

they allow regular rentals or anything longer then 90 day periods. 
the crazy thing is we take much better care of our property then most of the neighborhood. 

we will be looking to move it to a regular rental.  The downfall of that is we willl not be able to use it when we are in town visiting family. 

 

I am having a similar experience right now with an HOA in a similar situation (2nd home used when visiting family). Our by-laws don't specifically prohibit Airbnb, but the board is demanding that I take my listing down and fining me on the basis that the Airbnb violates a clause stating all leases need to be 1-year minimum. 

 

I am considering starting a campaign within the neighborhood to see if others would be interested in pushing the board to change their stance. Even minimum 90 day stays would be fine with me. 

Mark116
Level 10
Jersey City, NJ

@Brian2401 It would be a long shot, but it is possible that you could ask that your property be 'grandfathered' if it isn't, at least for some period of time, to have the new bylaws not apply.

Wendy1409
Level 3
Lakewood, OH

HOA's are generally not tolerant of AirBnB and the rules of the HOA are usually too restrictive to make for a good rental property.  I agree with the comment about requesting to be grandfathered in, but first I would talk to your neighbors. 

 

That gives you and them a chance to understand why they might not support it, and what rules that you can lay out for guests, that might sway your neighbors opinion. Are there lots of kids in the community? Setting quiet hours, or clearly outlined rules about driving, guests, etc might ease their minds.  Usually neighbors don't like strangers- explain your vetting process for guests, what kind of renters you predominantly have, and figure out which ones are acceptable.  They might not relish lots of vacationers who are looking to let loose, but business professionals, people who are renting while getting special medical treatment, or checking out the area before planning a move might be less likely to ruffle their feathers.

 

Find out who might have small businesses in the area, which ones might be independent masseuses, yoga instructors, hairstylists, or do nails and "luxury" services, which ones might make handmade goods, which ones might have teenagers that Door Dash, or Uber, or work delivery jobs- and explain how your guests might be a benefit in terms of tips, more business, etc. Offer to keep a binder with their business cards, or names and numbers, so guests are more likely to frequent those businesses and services. Everyone likes money, and your neighbors probably do too.

 

Get a tally,  draw up a petition, and ask people in the community to support your request. Find out who may or may not have supported it- sometimes it's just one or two particularly ornery and aggressive complainers, and the rest are okay with it. If you can get the majority on board, and are good at advocating for what you're willing to do to ensure that it isn't disruptive to the community at large, you have a better shot at changing their minds.

 

If all else fails, talk to an attorney about the situation.  You probably won't make any friends, but you might have some legal recourse on the grandfathered aspect.

Wow, A lot of good feedback and things to consider. 
thank you for your time!!!

Mabel167
Level 2
Charlotte, NC

Same thing happened to us..they do accept short rentals but no airbnb..The HOA wants to see a rental contract...

Mabel167
Level 2
Charlotte, NC

Hi..same thing happened to us..They do accept short rentas but no airbnb..I was wondering if Airbnb has plans to have rental agreements to help us continue

Gary1103
Level 1
Evergreen, CO

You should check with your state's HOA department, probably part of the Department of Regulatory Agencies or DORA or similar. In some states, changing a rule but not the covenants is insufficient to ban STRs. Bylaws cannot contain the covenants or regulations on homeowners. Those are simply to state how the HOA is set up and operated. There is always state law that regulates HOAs. Look there.