California Homeowner's Association 30 Day Rental Minimum

[Nick2]

Hi!

This month we will be having AirBnB guests in our condo in Campbell. This is so exciting, because it gives us some funds for a trip to Tahoe – our first one since moving to the Bay Area over years ago.

This is not our first AirBnB rental. In June, we hosted a family for an entire month for a great price even after taxes and housekeeping.

Previously, we took guests for less shorter stays – as short as one or two nights. After receiving a warning letter from our condo’s homeowner’s association (HOA), we stopped. Apparently, we were breaking a rule in the terms and conditions (T&Cs) that all rentals must be greater 29 days.

For the June trip, we were clearly in compliance with a 30 day rental (although the somewhat overbearing HOA team made us promise that our guests would park compliantly, despite the fact that there always extra spots available in the back of the complex where our unit is located).

However, our guests in December are only staying 2 weeks! Our solution to this problem is a simple one with the cooperation of our AirBnB guests. Our official lease paperwork states that our guests are staying December 1 until December 31. On paper, this length of stay is fine. The strange thing is, we are actually residing in the unit from December 1 until December 17.

Morally, I do not feel bad about this.

We are meeting the letter of the law*, the lease officially is 30 days long. Socially, I feel awkward because the HOA president, who happens to be my somewhat nosy next door neighbor, will know that the renters only will live there 2 weeks while we inhabit their rented property.

Does anyone have experience with this? 

[Bridget0]

I don't have experience with this but it actually doesn't seem like you are complying with your HOA, lette ot the law or moral comfort aside.

The HOA is an agreement all the owners make together about all kinds of things from the colors of the exteriors to the guest parking to the ability to rent or sublease. These were in place when you purchaed the unit and you have already been warned about noncompliance.

We as hosts have rules for our guests when they stay with us for things as varied as wearing shoes inside to bringing pets, children or unpaid guests. Your guests might choose to "follow" your rules by vaping instead of  smoking, having guests that stay all night but don't fall asleep or bringing babies and toddlers because they don't feel they count as children. You as a host make rules for reasons and  expect guests to abide by them in the contract they make with us through airbnb. If they don't, they get bad reviews that ultimately may make it impossble for them to be accepted by hosts.

You as an owner in the HOA are expected to follow the rules you agreed to and will have to suffer the consequences, whatever they may be, because you don't.

However, you aren't the only one who suffers when this happens. In cities all over the country, many in Northern California especially, many comminity residents are bringing political and legal pressure on airbnb hosting. When you and other hosts rent in noncompliance with their residential regulations you get people angry in a broader sense about airbnb and bring down hassles on the hosts that do it by the letter.

If you want support for your actions in "just barely skirting around the rules but still worried about being caught", you won't find much of it here, or at least in the old forums, where each host was encouraged to do it right and make sure we are good neighbors at the same.

[Nick2]

Interesting thought. I still hold the perspective that I am technically in compliance with my HOA and I am holding to the letter of the law. 

[Michelle20]

I am dealing with a similar issue currently. We live in a small (40 houses) gated upscale community in TX. Almost every neighborhood around here has an HOA. We live in our house year round, but have started renting it out when we travel. For perspective, it was rented 4 nights in Dec 2014, and then 4 nights Dec 2015 and 3 nights over New Years. The first 2 times, we rented to large family groups (we have a 5000+ sq ft home), but the 3rd time was a group of young professionals who had been friends in college, and were a different ethnicity than my neighbors. I guess that was too much for our next door neighbor (who is on the HOA board), and the day they checked in, the entire neighborhood got an email saying that they were adding a "no leasing" amendment for a vote at the annual HOA meeting 3 days later. Thankfully, we returned from our trip just in time for the meeting, which was a few hours after our guests checked out. 

Anyway, basically the amendment was steamrolled through. Most had ever heard of airbnb before and as you know, fear rules supreme! (Have you seen Beauty and the Beast? In "Kill the Beast," the mob sings, "We don't like what we don't understand, in fact it scare us...") I'm challenging it, now that I've had time to study our Covenants and see that they didn't give the required 10 days notice for any meeting actions to be discussed. And I'm trying to be nice and ask what I can do to offer to make them more comfortable. I think a lot of people are surprised at how strongly I am protesting (they thought I would go down without a fight). But I can't believe they are trying to ban something that to them should be a non-issue. We rent the house less than 10 days a year. But it's around $5000 to me, which is 5 years of HOA dues, or 3 months of our kids' school tuition, or enough to pay for our family vacation plus braces for our son.... so I'm not giving that up that easily.

For what it's worth, there have not been any actual problems with our renters. Our neighbor just "isn't comfortable with it." 

[Richard52]

I have recently encountered the same problem with my HOA. First of all, does anyone know how they link the listing to me? (I assume it is the full name on the listing?). Secondly, and I know this will vary by state, does a HOA have the legal right to impose such restrictions? I understand that I purchased a home in a HOA operated estate, however, surely a HOA can't impose regulations that conflict with a landowners constitutional right?

[Jennifer591]

Yes they do.!If you do not like the rules, you should not have bought the property. 

[Rachelle30]

The problem is, like in Michelle's situation above, the HOA can change the rules after you have purchased.

I personally hate HOA's, as they are usually run by bored busy body's who don't have anything better to do than impose silly restrictions.

[Farad0]

There is no constitutional right above corporate law !

but joking aside. Yes they can, you should never admit they are paid guest

they are Family and friends visiting and it is no one business 

the burdon of proof is on them

[Kevin572]

So your saying you should lie

[Inspect0]

Is lying really the the avenue you wish to travel?

Skirting rules and laws is just plain dishonest.

[Kevin572]

It's not a matter of constitutional right (that sounds really good but does not appliy here).  You agreed to not rent your property for less than 30 days when you bought into the HOA.  Said remedies to enforce the CC&R's should be applied.  In our HOA that fine is $250/day.  Your property can be liened (in the CC&R's)  and fines collected when you go to sell.   If you get enough fines the HOA can move to foreclose on your property to collect the fines.  This is all HOA 101. And is contained in 95% of the CC&R's registered in the US.  Read your CC&R's.  It should clearly state what is allowed and what is not.

[Thomas338]

I am always amazed at hosts stealing the atmosphere of a non short-term rental community. Hosts advertise "safe, quiet, gated community, peaceful..." Because of the HOA rules! 

Only YOU want to run the hotel and take advantage of the extra parking spaces. All the chumps who follow the HOA rules and make your community peaceful and safe or useful idiots.

Airbnb should insist that hosts prove their HOA or Apartment management approves short term rentals. Airbnb should allow neighbors to ask any listing located where short term rentals are not allowed be removed. Some lawyer should start a class action lawsuit for the obedient members of the HOAs nationwide.

[Jennifer591]

We are dealing with that now. We have two airbnb listings in our small building even though the owners have been told in no uncertain terms that the HOA rules that they agreed to when they bought  their units prohibit hotel rentals.  Now thanks to Airbnb's lax policy, we are going to have to hire attorneys 

[David126]

@Jennifer591

AirBnb is just a booking system one of many. They could have just as well put a card in the local shop window. Same issue.

[Jennifer591]

Absolutely no excuse. Airbnb is enabling this behavior that impacts the health and safety of our building in violation of our homeowner association rules. It is a violation of our privacy, letting multiple strangers into our building with our security codes