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? 

[Vanessa741]

Brilliant!  I just received my letter about str.

[Inspect0]

The ol', but somebody else is violating rarely works.

If someone robs a circle k and you come in one hour later and rob the store, you are still robbing the store.

[Paula856]

Yes you are. You were told to stop the rentals, yet you are still allowing it to go on. You need to be called to a hearing and hopefully fined.

[Terri129]

If you held title before a short term rental ban was added to the CC&Rs (not merely the operating rules), the ban does not apply to you. Civ Code 4740 and 4741.

[Mary-and-Marty0]

All HOAs seem to have this 30 day minimum rental rule and I dont understand it if short term guests are well behaved.  

I have been renting my condo as a 3 night min for over 10 years and my guests have never disturbed any of the permanent residents. There is one resident who goes around looking for people violating any rule.  If a resident leaves their bicycle on their balcony she will write them a threatening letter. She lives no where near me but constantly looks at my rental ads to make sure Im advertising a 30 day minimum.  She has made many enemies. If short term renters are a problem then I can see imposing fines on the owner and possibly banning them from renting out their unit at all. All my guests are vetted by me and the nightly rate is kept high which helps to attract responsible respectful guests.  I really wish we could get around this rule somehow.

[Jennifer591]

Unfortunately, not everyone is like you. We have had vomit in our halls, beer cans all over the place and loud noise at 4am. In addition, our insurance and security systems are not set up for hotel guests. It is not fair to other owners to have a bunch of strangers roaming the halls of our small building. 

[Scott240]

Read the 30 day rule very carefully. My association mandates a minimum written 6 month lease, but it does not prevent me from allowing penalty-free termination. Therefore, the guests just need to execute two docs: one is the written lease and the other is the notice of termination. The monthly rent is then pro-rated for the period in question and just happens to match the airbnb amount. Not what they had in mind, but legally complies with the written rules.

[Inspect0]

Sounds a bit dishonest when you read it, doesn't it?

[Ehukai0]

I also got a letter from my association and looked up transcript housing def is 28 days , so I should b able 

[Kate157]

Just be aware of local occupancy rights laws everyone. Many places have them and they kick in at 28 or 30 days. If someone doesn't want to leave after that time, you will have to evict them. It can be costly and grueling.

[Jennifer591]

Best policy--if your HOA does not allow vacation rentals, don't do it. Buy property where these types of rentals are allowed.

[David126]

I have never lived in a HOA controlled property and would never want to but from what I have heard from those who do HOA's seem very quick to enforce their policies so not sure why this one is so different.

[Nick2]

They allow 30+ day rentals. That's what I'm doing now. Good point. 

[Wendy168]

How does the HOA know it is my address since the address is only shared for confirmed guests?

[Inspect0]

Isn't the question really, "am I being honest"?