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? 

[Jennifer591]

The problem is, there are HOA rules for a reason. If you ignore them, you should not be surprised if you get fined. It's the only way the HOA has to insure that thoughtless selfish people don't ignore the rules to the detriment of everyone.

[Robert563]

Fine is excessive and thus can be contested , where you allowed an appeal and does your HOA have a fining committee . Looks like you should pay the fine and then put the HOA in court.  

[Inspect0]

You try to skirt around the rules and knowingly violate them and you are indignant?

[Vick1]

As an attorney can you tel what the statement below actually means, which is what my HOA is  currently quoting me a grounds for not being able to host my property.

"A numbered Lots in the subdivision shall be used exclusively for single family residential dwelling (a "permitted Dwelling")

[Robert563]

Single family residence refers to the building not the occupant ! 

[Tatiana185]

Would you please let me know what does this mean on the HOA documnets ....."The rental shall apply to not less than an entire Unit, including its appurtenant rights (except voting rights in the Association that may not be transferred to a tenant or lessee)

[David126]

@Vick1

Basically means you can not short term rent. If you long term rent it has to be a single family, not say several families.

[Robert563]

I agree and have conveyed my experience with HOAs and their lawyers. I would point out that it is better to fight the case in the media and distribute the results of legal case win or lose. The losing parties in my case will be owners trying to sell , when realtors due dilligence come up they will find outstanding legal cases and  the courts decision . It is very possible that it will be impossible to sell with an HOA board who are selective and do not carry out thier in a fiduciary duties to all members. Nor follow the due process prior to going to court. 

[Michael1523]

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@Joseph16wrote:

As a lawyer for 23 years, I believe that, as the lease conains false terms intended to circumvent the bylaws, which are known the parties, it is invalid. I also believe that if you find yourself in court, any Judge would rule for the HOA. 

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lol

[Maria3073]

Then why would you ask such a question if you feel you are in compliance with your HOA? Why people just can't follow rules is beyond me.

[Nick2]

Because all of the actors in my situation had clear biases and incentives - tainting their views. I was seeking input from a broader spectrum. 

[Patrick-And-Katja0]

Nick we are currently fighting our HOA on this issue. I consulted legal counsel and our first step was to see if the CC&Rs as well as ByLaws define "lease", if they do not, then the commonly accepted description of "lease" applies, which is the "tenant takes possession of the property and is given "interest in real estate".   Here is what counsel had to say

Having friends, family, neighbors, or people you meet online stay in your home for a few days does not create a lease or give the people staying in your home any rights as tenants.  A lease gives a tenant an interest in real estate, we most decidedly do NOT give our guests any interest in our real estate.  They are simply guests.

Furthermore, we do not offer, and our guests do not sign any agreement with us.  We simply allow them to share our home with us.  We allow them to eat with us or not, go with us on excursions or not.   This is not a landlord tenant relationship and no lease is involved.

Because there is no lease, none of the cited CC&R’s can possibly have been violated.

We would also like to note that courts looking at this issue have found that simply allowing guests in your home does not mean you are using your home for commercial or hotel purposes (see for example, the decision by the Washington Supreme Court in Wilkinson v. Chiwawa Communities Association).  Therefore, even if a lease were created, Exhibit D(a) has not been violated.

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[Diana1036]

Is there any update on this?  I'm navigating something very similar, and this is the most helpful post that I've seen so far. 

[Paula856]

You are not "technically" in compliance with your HOA. Have some respect for the neighbors and other owners in that community that have a right to peace and quite, expectations that a bunch of "unknowns aren't coming and going from their neighborhood at all hours of the night, etc. I don't even know how you "think" what you are doing is okay or acceptable. SMH!