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? 

[Fred13]

I once got one of those letters from some of the most abusive and disgusting no-life HOA types. I ripped the letter in front of their faces at the next meeting - and moved the following week. The house already was sold. The most rewarding day of my life

[Robert563]

I most certainly do , I have an HOA who had no written rules on short term rental and we fully checked this situation with the management company prior to purchasing a $450,000 property. The HOA changed the rule from no restrictions to 6 month rentals. We had already entered into a dozen or so contracts via AirBnB and other rental companies. The rule chage meeting was not distributed to any member of our household. Thus we inveted $450,000 and were then inform we could not rent the property by the HOA resulting in $25,000 - $35,000 loss of income. The neighbors tresspassed on our property , harrasssed  the tenant and have a video camera recording all comings and goings. Additionally I have the associations lawyer threatening  court action without ant consultation. You need to be very careful with HOAs.   

[Paul154]

I will be excited for the first pro-business state to knock-down restrictions against Airbnb.

Hopefully starting a competition between states to legalize short-term stays.

There are still HOAs that have racist by-laws. Fortunately, Federal and State laws void these by-laws.

Likewise the state has the power to void anti-Airbnb laws.

Power to the people!

[Paul154]

Right now, I'm thinking Texas could pass emergency powers to give property owners permission to house victims/workers regardless of HOA rules to the contrary.

Then, they might discover that increased supply meets demand and drives down housing costs.

[Jennifer-and-Pedro0]

Arizona did as of 01/01/2017. Gov Doug Ducey signed a law that local cities couldn't restrict them. Unfortunately HOA's are a different situation. Still trying to figure out if HOA's can bypass the state laws since almost every home out here has an HOA. There are very few communities that don't have them. You have to have a single home not within any community to not have an HOA. The problem with that in the Phoenix area is the homes in those areas are either ranches or in undesirable locations. They are on Septic and Well water and a lot of people don't want to deal with either. Having a home built separate from a community is very expensive so many can't afford it. So we are stuck in HOA'S. Sometimes it's not so easy to move to a non HOA when they don't exist or there are very few homes available. I still need to read the law he signed but it's promising. If the local cities can't deny someone the right to rent out their home on AirBNB or VRBO then how can the HOA bypass the state law? 

[Paul154]

@Jennifer-and-Pedro0Thanks for that very interesting fact, I didn't know.

I have always been impressed with Arizona's pro-property rights government. One could argue it is a reason that rents and home prices are inexpensive in Arizona.

My guess is that the state laws only cover govermental agencies.  Maybe HOAs are not considered government, but voluntary organi zations. IDK.

BTW, Arizona also has a "right to dry" law. Go "air"izona.

[Jann3]

@Jennifer0, just a side note: I had a neighbor come by and tell me the other day that "It's sad you are taking this property off the market to do AirBnB." What she didn't realize was that it was never (and would never be ) ON the market! I got this property (with the in-law studio apartment) because if I have to take in my in-laws (due to their advanced age or medical condition) they'd have a place to live on my property. I am just deciding to make money using the studio - on AirBnB - now because it's convenient. I would never, ever have done a long-term tenant because - in CA - is a really sticky situation.

[Sharebnb0]

I know this is old but... 

This same thing happened to us at our condo. We tried to find loop holes but ultimately got caught by our HOA due to nosey neighbors. Our neighbors went as far as taking pictures of our guest and their vehicles as they came and went and sent them to the board of the HOA. We decieded the penalty for breaking the rules was not worth the cost and started corporate rentals which has been awesome for us!

How did things turn out for you? 

[Carrie76]

what are "corporate rentals?"

[Jennifer440]

Would love to hear how you found a client for the corporate rentals! 🙂 

[Cj24]

Please give more info on how you got started with corporate rentals.

[Theresa123]

Hi Myka,

How did you start the corporate rentals?  How does it work?  I am interested in doing it.  

Theresa

[Inspect0]

So you got caught lying and cheating and you are mad at the neighbor?

[Nick2]

If it were that clear, I think the responses the original post would be more one sided. 

[Nick2]

We are complying with 30 day rentals only, it's working fine.