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

[Noy0]

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.  

[Shane117]

Thanks for the link - it’s very helpful. I think hosts can go with the following strategies:

(1) the burden of proof is on the HOA and your nosy neighbors. If they want to closely monitor your home, they might be able to collect some evidence of people coming in and out of your home, but they are guaranteed to run into issues of privacy violations if they want to use that evidence against you, and you can get them into HUGE trouble for that. 

(2) read your CC&R carefully. Did they define what a ‘lease’, ‘rental’, or ‘transitory occupation’ means? They might have specified rules for leasing a condo, but most CC&R probably doesn’t mention ‘partial renting.’ If you are only renting one room, and are physically on the property, then CC&R’s restrictions would be VERY hard to be applied to your case. 

(3) insist that the place is not for rental. People stay in part of the condo for the purpose of transitory occupation.  

Emphasize that it’s not rental; it’s part of a condo, not the whole unit; you live there for residential purpose; and make it very clear to them that you know your rights as a home owner. (Maybe also send them the link that contains ruling decisions from other courts - that will make them realize that favors are against them if they really want to escalate the thing to a court, which they won’t.) These nosy people will soon realize that although they get joy from making other people’s lives miserable, they have picked the WRONG target this time! 

[Trj0]

for I have been a home owner in this community since 2003 feb 2018 i was diagnose with 1 stage breast cancer.  I end up quitting my job so i can exsert my energies to recover Air Bnb Has been a life saver for me financially I was able to work at home  I have been an amazing host as i earned super host my guest were all great I had no problem whats so ever.  They all obey my house rules and no one ever damage anything.   I just got a verbal call from the president of hoa she said i cant do this anymore , then I wrote her a letter and told her about my situation, she had no sympathy just told me i must cease what im doing....  Well i called the hoa office and requested the declaration and law of what my hoa says plus i have an old one to see if it has been change since i lived here.  I also called my attorny to make sure what my rights are legally.  This is my job and i feel discrimnated

[Deborah319]

What was your results, if you do not mine sharing.

[Patrick-And-Katja0]

we are using this and another ruling right now against our HOA. It is also important to check if your board is in compliance with state law, with regards to elections and if they are legally seated. 

[Pete28]

This makes for good reading

https://wscai.org/getting-away-in-an-hoa-what-can-associations-do-about-vacation-rentals/

If the rule didn't already exist it likely requires a super majority to create it. Indeed Seattle is having a hard job stopping condo rental via HOA rules..

[Patrick-And-Katja0]

Thank you for this article, I am currently fighting my HOA on this issue and have threatened to sue them. In our HOA rules we have a rule that Prohibits "leases for hotel use or transient purposes for less than 30 days" but according to the case law, lease must be defined and if it is not, the legal description applies, just like mentioned in this article. Our HOA also has a clause that  forbids "leasing less than the entire dwelling", which automatically would put any home owner that has a roomate into violation,  but the HOA is not going after them. So this creates a whole other issue for the HOA, as they cannot selectively enforce rules on some and not onto others. 

[Flavio30]

I had same issue with my HOA then my attorney advised me to comply with their rules and regulations and I did. I advise you to find a good attorney to read the rules and regulations with you. Sounds unfair, frustrating. After I talk with some hoa board and directors members, I understood their concerns. Nothing pays for our peace!

[Cherissa2]

How was your fight? Now it's called home-sharing in the new ordinance.. do you still need to fight with your HOA? 

[Kimberly889]

Page not found ? 

[Donald28]

this is why I would never live in an HOA community. You're their **bleep**

[Wing7]

Honestly all of you people trying to bypass local laws suck. When I bought my hoise in a quite neighborhood, it was for that reason. Quite. When my neighbors start bringing in renters, with extra cars and traffic. It changes the dynamic of that neighborhood. If you wanr to run a hotel, buy one.

[Herb8 · Accepted solution]

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.

[Deborah319]

Amen!  I had HOA board member voice that he hopes people whohave bought into this neighborhood because they want it to be a two parent household who raise their children and as they grow up they have a place for thier families to occasionally visit.  I do not know who world he lives in. This is a community with $500k 4,5 and 6 bedroom homes. He is at retirment age with grown children as I am.  However, I am aware that their is not one type of family.  many children return home to payoff $250K + student loan.  A large percentage of college graduate professional will never get married and have different family mixes including purchasing home together friends or alternate mates.  Many will never have children but still want 4, 5 or 6 bedroom home because of various reason.  This board member is stuck in the donnor Reed era.  I m sure I am older than him but see the world have changed.  I purchased a 6 bedroom home at age 58 when by child were in collage.  My bought a home when I brought my dad to live with us andI have always had a place where immediate and extended family can some. It is our family culture and I am the matriach of our family - being the oldest.  Life happens and I found myself unexpectly have to double my mortgage cost due to the death and paid life insurance did not pay the death benefit. 

I just wanted to agree with you and support how closed minded some people are about family dynamic changes.  We all have seasons in our life.  I would hope this board member , does not expect all homeowner at age 70,80,or 90's should move out thier home because they no longer fit family model.  His model was never a reality in my life for generations.  I have been a single parent since my children were 5 years old, so I guest if it was up to him, I would not be in this "family community" that should only have  two parents raising thier children. 

[Lois89]

Deborah .. thanks for sharing.  I’m recently divorced and I’m looking to purchase a 4 bdrm home.  With the intention of children visiting with their children & aging parent should the need arise to house Mom.  In the meantime if I could supplement my income to help defer taxes I’m hoping to AIRBNB.  Providing HOA rules allow.  From what I read 3 times per year not less than 29 days. I have options which is a good thing! God bless 

[Christine615]

It's important to note that HOA's in the Kansas City area also disagreed with Short Term Rentals. Our new city regulations makes it illegal to have them in those specific areas, with the exception of those already operating (because the city knew they were doing it but let it slide while they tried to come up with rules). HOWEVER - those owners who want to be grandfathered have to have a majority of adjacent neighbors agree via notarized letter even if they are owner occupied.

So no - an HOA can't tell you who can live in your home until you turn that home into a business in a residential area and rent the rooms for money. Then it CAN tell you that is not allowed if it was in the contract or covenent you agreed to while living in the house. Just like it can tell you what roof to use, or have rules for landscaping. People buy homes with the expectation they know who is next to them. And hence have HOA's. Your option is to move to a place that permits them. Or get a lawyer and sue them. But the latter will cost you more than you stand to make in revenue renting a room.

Your choice.