Dealing with HOA rules

[Kevin50]

Has anyone else had issues with condominium H OA rules not allowing renting your apartment or condominium through Airbnb?

[David126]

I know places that do not allow short term rentals, never heard of any just banning AirBnB.

[Dale7]

Our HOA is clamping down on rules that could (or could not) prohibit rentals.  Hard to see why, since we live and work in the space we rent seasonally via AirBnB.  Guests aren't here alone, and they park in our garage.  Meanwhile there is nobody addressing the "real" (long term) renters with a lease that are actually bringing down property values.

Any hints as to how I can begn a conversation with the HOA and educate them about what AirBnB really is, especially in our case?

[Susan_Dave0]

We are in an HOA but each owner is on 3/4 acre property and we are always present on the property, only rent out portion of our home.  We read through our convenants and they basically specify no signage for commercial businesses.  We got the notice today about no Airbnb.  We will be trying to go through an approval process but does anyone have any suggestions to get round this?  It's no different than us having company.

Thanks,

Susan

[Ray20]

My HOA allows roomate rentals but is objecting to AirBNB rental. How do I contest?

[Ana443]

Yes I have the same problem 

[Antonia61]

For the last two years, my daughter has been an Airbnb host but only three days ago did we learn that her HOA prohibits Airbnb.  The CCC&Rs received on May 15, 2017 note only "residential use" and make no mention of Airbnb. 

Curiously, only a few months ago, one of her HOA board members -- who also happens to be an attorney -- reserved my daughter's Airbnb space for his visiting parents.  Obviously, even board members/attorneys were unaware that the CC&Rs prohibit Airbnb.

My daughter purchased her unit in 2004, long before Airbnb was launched in 2008.  Section 3.1 of the CC&Rs makes no mention of Airbnb but brief Internet research confirms that courts consider this type of CC&R "residential" clause to apply to Airbnb short-term rentals.

Like many other owners with similar concerns voiced on the Internet, we would like to challenge the CC&Rs but also do not want to incur legal fees fighting "lost causes." 

[Sarah640]

I am also dealing with this now. My neighbor and my Association president knew I was offering my condo as an Airbnb rental short-term, but just yesterday received notice that this is not allowed (rentals shorter than 30 days) and our property management company is going to send me an immediate cease and desist letter. I have bookings through Labor Day weekend and don't know what to do about the people who have already booked. I've asked my association to wait until our next board meeting so I can ask for an exemption.

I wonder if anyone has ever had to cancel en masse all of their future bookings due to this reason? What would be the repurcussions and/or best way to go about it?

[Antonia61]

Thank you for sharing your similar HOA situation.  In truth, I have spent much time and effort trying to legally resolve my daughter's HOA issue but tomorrow, after my current guest checks out, she will be forced to remove her Airbnb space from Airbnb.  I serve as my daughter's Trustee and have fiduciary duty to both her and her property but, sadly, have found no way to legally resolve the matter with her HOA and, therefore, no way to allow her to legally continue with Airbnb.  By joining the "sharing economy," my daughter has hosted the most wonderful Airbnb guests.  A huge loss now for my daughter and for the quality Airbnb guests who loved staying in her special Airbnb space.

[Jennifer591]

Simple solution--acquire a property where vacation rentals are allowed.

[Jennifer591]

Did you ask anyone at your HOA if transient rentals were permissable? It is your responsibility to know the rules. HOA members are simply homeowners who give their time and talent to help preserve community standards. Why shoud they be responsible for making YOU know what the rules are? Didn't you read the agreement when you bought the property?  Besides, Airbnb advises you to check with your property manager and HOA board BEFORE you list your unit. You obviously ignored this, and did not follow AiRBNB guidelines. 

[Jeremy134]

You know what @Jennifer591, maybe spare people the rules lecture and take a moment to understand where the concern is coming from. Condo HOA’s are often painfully out of touch with sharing economies like AirBnB, VRBO etc. People are using this site to solicit advice on how to deal with a board of people, run by themselves and their neighbors, often suppressing a financial decision on how we as owners, can use our real estate. Often these same board members have their own long term leases – which can in fact impact real estate values  of the property. These rules are often poorly written or in some cases ill-advised, which can open up discussion for change, new votes, and yes, in some cases, legal loopholes. I am part of a condo board myself, living in a very heavily vacationed city on the ocean and we are wrestling with the same topics. I think as people who A). profit from a sharing economy as we all do, and B). offer great economic alternatives to those who travel as I’m sure we all do -  it is much more in our interest to help fight these cases and be agents for change, vs give people the standard “did you read the rules” answers that help absolutely no one in these situations. Otherwise, we’ll all be left paying $300 a night for hotels in cities vs staying in someone’s condo for half the price.

I also feel is it absolutely in AirBnB's best interest to get involved and figure out how to make a much bigger impact and not just be spectators on the sidelines to see how all this unfolds. 

[Rick346]

I have guests reserved for the next six months and just received a letter today stating the HOA amended the rules to prohibit STR (specifically stating Airbnb). Effective date was prior to me even receiving the letter! When I purchased the home a year ago there were no restrictions on STR. This puts me in a major pickle as I have renters lined up. HOAs should be required to grandfather in existence rental agreements. 

[Jennifer591]

So if one of your so called guests has an accident in the common areas of your building, and the HOA insurance denies the claim because they don't insure hotels, are you going to pay for it? Not that it matters, because they will go after the HOA.  Seriously, don't people think outside of themselves and consider how this impacts others?

[Janine243]

Hi, hope all is well. Can you tell me what was the outcome with the HOA, did she take any legal action.?