Can an HOA restrict individual room rentals when the owner is present?

Answered!
Noy0
Level 2
Hollywood, FL

Can an HOA restrict individual room rentals when the owner is present?

Clearly when you live in an HOA governed community there are rules to live by.  

The vast majority of those rules have to do with what you can and can not do with the OUTSIDE of your home.  The HOA can dictate what colors you are allowed to paint the exterior of your home, but certainly not the interior.  

There are also rules reistricting  the rental of the entire property.  

But what if you are not renting out the entire property,  what if you are simply renting out a room as an owner occupied home.  I do not feel the HOA has the right to tell an owner who else can live in the house (for free), nor which roommates he can rent to.  So given that much,  can they really legally dictate what happens with room rentals, in a house that the owner is occupying?  

 

The HOA docs only covers the rental of the house, not rooms, so I just don't see where that that authority comes from.  Would love some feedback on this, as I am about to have an issue with my own HOA.  

1 Best Answer

Seems your issue is one of cars and traffic.  Why blame it on renters?  Blame it on family dynamics.  Do renters only drive cars?  I think many non renter guests also drive cars  and make a community busy.   Isn’t your issue your homes are to big?  For instance, I have a seven bedroom home and 4 kids that each had a vehicle.  Made my place grand central station for about 12 years with them and their friends coming and going.  I Remember complaining about a few neighbors that did the same thing when my kids were younger and not driving.  Now I am an empty nester and do Airbnb and get one vehicle once in awhile from a renter instead of 5, 6, 7 vehicles from my kids and myself every day.  I am sure every one of my neighbors would prefer my renters traffic compared to my kids and their friends or if I sold the home to another family that would have the right family   dynamics for the home size.  The change of family dynamics has changed your neighbourhood.  Your just not at the same stage as your fellow neighbors.

 

Must be the money that bothers you really.  I would prefer having someone that pays rent to make it that I or my neighbor can afford a mortgage and make their place nice and keep thing nice and clean instead of having someone that struggles with a two person working family and the home looks neglected.  Going to create rules that no two person working family is allowed?

 

Share another situation we live in a world today that children seem to return home for many reasons including divorce, separation, hard times, or just don’t move out when they turn 18.  These people also drive cars and make the community busy.  So it is often that home owners keep their bedrooms full with multi family generational living enviroments.  Some people it is just their culture.  My direct neighbor had one of his 6 kids come back with a husband and two children for about 9 months as they built a new house.  The neighbor beside him had a cultural multi family environment with grand parents, parents kids and the kids spouses and the kids kids all in one home.  Why do the HOA’s blame the traffic on renters?  

 

I will share one other thing, one of my neighbors came down with cancer and the activity that went on at his home was a constant flow with relatives visiting, nursing care providers, meal providers and the list goes one.  If you want a quiet place to live why blame it on renters and discriminate them.  Blame it on family dynamics.

 

And who knows maybe someday you will understand why you bought a home that was bigger than what you need and use it totally as we all should feel like we can and be the neighbor that added traffic to the neighborhood.

 

 

View Best Answer in original post

62 Replies 62

Sometimes  when I go to certain events I see people selling food or as they so craftfully put it it "give you food for your donation".  It's understood by now that these people don't have permitts to sell food so they give you food for your "donation".  Maybe this is something to consider as these HOA's insist on declaring martial law on!  There's always a grey area/loop hole around every law...Just ask these tax attorneys representing rich people. 

I know the donation route does not work in Colorado, remember reading a story about it.

 

I have seen Restaurants operate on a give what you feel it is worth basis, not sure how long they survive.

 

Obviously if you are asking for a Donation you can not specify how much.

David
Paul154
Level 10
Seattle, WA

I cannot advise on Florida law or your condo laws, but I do agree that  it is extremely distasteful to have one's choice of housemates regulated.

Quiet enjoyment INSIDE one's own home is pretty sacred.  

If it is forbidden and the condo board formally writes you to stop, you must fight.

P.R. should be on your side. 

While I may be naive, I just can't believe there exists homeowners so hatefully against Airbnb, that they are willing to give up their right to earn income. You may have to convince fellow Condo-owners that this is against their interests. Show them how great your Airbnb guests have been.

 

I agree with you.  I think you could sway the community to overthrow this specific HOA bi-law and curtail their crazy abuse of power.  Who I can have in my owner occupied home should be none of their business!  I have friends from all over the world.  If I invite a different guest every night, then I just do a lot of washing of my sheets and THAT should be my prerogative.  Someone else wrote in another thread, "what's next, are they going to tell me what I can and can't cook for dinner?"

Heather378
Level 1
Clearwater, FL

Here is an interesting judgement in the State of Florida regarding AirBnB.

 

http://www.hoalaworlando.com/blog/challenging-airbnb-rentals-as-a-homeowners-association/ 

Wow I wish I had seen this a year ago.  If you HOA docs say you cannot rent the property or unit that does not mean a portion of the unit or property.  I am not a lawyer and I am not in a condo but am in a subdivsion HOA and while the issue has never come up I have reviewed the rules carefully to make sure I can rent out a portion of our house.  How did this finally turn out.  Regards,  Curt Peterson

Not able to pull this up .. interested article I live in Lee county, Florida 

Virginia201
Level 1
Orlando, FL

My HOA specifically created a new restriction to prevent me, only me from offering to hosts in my home. My reasons were therapeutic as I suffer from PTSD and the interaction within my home felt safe, secure and my guests were incredible as well. It was a game changer for my emotional well being until my neighbors stated they feared for there lives from my Airbnb guests. A clear case of creating a discriminatory covenant that only affected me in a neighborhood of 120 homes with myself being 1 of just a few single mothers. These neighbors have been tresspassing and snooping for years which added to my distress. The hosting brought people into my home who were gracious and had purpose for being in the destination be it business related or to attend a wedding but prefered the home environment. HOA's are over reaching. A homeowner has the right to create activities in there home that meet there individual needs, be it hosting international students or hosting Airbnb guests. As long as the guest understand the community rules it's not something that needs to be put under the HOA microscope. HOA state there are governing boards, but HOA's are non profits and non profits do not have the right to govern according to the federal government because they are not paying taxes or collecting taxes like a governing entity. It's all very contradictory. I'm moving due to the over reach, discrimination and harassment. I'll leave it to HUD to investigate. Read your governing documents carefully. Instead of getting a lawyer consider fair housing rules and see if a state or federal agency might consider restrictions possible descrimantion is a pattern can be proven to exists. Here my gender and single status was brought up and communication was not handled according to the governing docs. The down side is I care about my community as a whole and the board has indeminfied themselves to all there current and future actions leaving the homeowners picking up the tab if a homeowner sues them. Florida Supreme Court is starting to take note of ditatorial HOA's and ruling against many of them in the last 6 months. Most specifically on fining homeowners for the HOA'a interpretation of fines and filing them.

@Leigh0

I love everything you say. You bring out the hopeful and wonderful aspects of Airbnb.

Yes, Airbnb can help people by empowering them. Airbnb can help poor people by allowing people to bring in more income. By exposing them to wonderful  guests, Airbnb can help lonely people prone to depression. Airbnb also can meet the flexibility required by single mothers.

This is a drumbeat we as Airbnbers and private property owners need to continually repeat to counter controlling beaurocrats. 

I wish you luck.

 

Wow! We have twin lives.  I find Airbnb most therapeutic and suffer from "loneliness" being a single mom of just one child and I too have PTSD that occurred from having a really really bad roommate, hence the reason I tried Airbnb in the first place.  I have considered trying to battle with my HOA under this premise but instead have figured out how to "fly beneath their radar." PM me and I will share a few tips if you are interested.  Best to you, April

Hi. I am really interested in how you were able to work with your HOA. Live in a condo atm and they are also saying I cant rent out a room for Airbnb even though I live there

I wish I could PM you but it looks like I can't...

Helen3
Level 10
Bristol, United Kingdom

You can 😀 just message through their profile or just copy them into your response here like this @Kimberly889 

I am so sorry to hear that you are being harassed and essentially forced out of your home. It sounds like it was never a welcoming community to begin with. That said, we must all keep in mind the sordid history of why HOAs were originally created.  We are fighting against an entity that was birthed from a desire to foster EXCLUSION of people based on race, ethnicity, gender, disability you name it. HOAs were (and continue to be) used to circumvent federal and state Fair Housing statutes and other civil rights laws. They have remained largely unchanged with little to no oversight. It's not to say that today's concept of an HOA is all bad; however, there are some serious issues with HOA's  and the industries that support them (management companies, etc).  The situation you are in entirely egregious and sadly not uncommon. 

Jeff268
Level 1
Pensacola, FL

I just received a love letter from the HOA advising me to stop with Airbnb citing it was "commercial" use and prohibited in the CC&R. I've been doing a lot of research on this and am debating whether I want to fight it or just stop with rentals. There is no restriction on rental or lease of the property (long or short term) or they would probably have a legit claim. Here is a FL court case that dismissed the HOA complaint at an appelate level; stating that this trye of rental is residential by nature and this type of enterprise does not change the property from residential use to commercial simply because there is an income, or taxes paid. 

Santa Monica Beach P.O.A. v. Acord, (Fla. 1st DCA, April 28, 2017)

 

I may spend a couple hundred dollars on a lawyer for some legal advise before I decide what to do.