I have an interesting situation. I have private property which I rent aibnb.
When I purchased the property it came with deed restrictions. These were pretty unusual. One said I could not make liquor and another said I could not have livestock lol. Anyway when the "association" formed, (I believe they set up as a not for profit property association to lease the beach and docks from our watershed district which the community shares and pays for) So the association founders simply adopted these deed restrictions as the "association deed restrictions" (as if there is such a thing) even though the restrictions were between 2 private parties. The area was once owned by 1 person who then got together with other buyers and adopted these deed restrictions for every property purchase thereafter.
BUT THE ASSOCIATION NEVER FILED CC&Rs. THEY EVEN FAILED TO FILE IN 2010 WHEN THEY HAD A CHANCE TO REFILE CC&Rs.
These deed restrictions do not ban any rentals AT ALL. So now the "association" is trying to create new rules to stop me from renting. When I purchased the property I was not restricted to and CC&Rs. Only deed restrictions BECAUSE THERE ARE NO CC&Rs. So to me basically it seems like it's impossible to insert new deed restrictions on my deed without my consent. Crazy huh? Anyway to me I interpret it this way, any person who purchases in my neighborhood has zero threat from the "association " because they were never legally formed.
One more thing. The 'association' informed all local realtors that Airbnb purchases / investors were disallowed WITHOUT HAVING THE LEGAL RIGHT TO RESTRICT PROPERTY SALES. This to me makes them liable for interference in commerce for turning away buyers from sellers.
ADVICE & COMMENTS APPRECIATED!
