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? 

[Jonathan291]

Thanks for sharing. Just tell the HOA manager that if ever the guests won't be consuming the full term of their contract, your family will continue to stay to use/maintain the property and that you won't be accepting anymore guests that month. 

I think the main concern of the management is allowing too many strangers in the property, but in your case, you'll be limiting it to 12 a year to comply with their policy.

 I'm having the same problem but since our property is under our company, we told the management they can't stop us from entertaining our company guests. We just comply with their policy of presenting valid IDs, accompanying them and registering our guests.

[Erin158]

I am in a situation where I am living full time in my townhouse and renting one bedroom/bath with a private entrance. Because I live in the home, I believe that I should be able to short term rent out one bedroom and the 30 day min rental should not apply. Any comments on this?

[David126]

@Erin158

I assume this is a HOA wording issue so would depend on what the rules do and do not allow you to do.

[Erin158]

I believe it is a wording issue, as the CCR's were written in 2005.

I got a notice to stop my air bnb due to not meeting the min 30 day rental period.

Although, it does state that you can rent out your unit or a portion there of, it does not address, in my opinion, renting out a room while you live there.

[Mary-and-Marty0]

I think it is ok if you are living on site.

[Michael1202]

I fully understand condo owners in a large building who protest against loud and misbehaving strangers getting codes and vomiting in halls.

At the same time, homeowners who demarsh against airbnb are at least as selfish as their neighbors who try to host airbnb guests. Airbnb pretty much takes care of your safety by verifying the hosts' and guests' documents and profiles. They explain it in detail. Unless you have a gated community, your streets are open anyway.

Let's think about the global benefits to the area. Airbnb-ers attract tourists who come, shop, spend time in your town, and leave their dollars. We live in a little town that's hard to find on a map. But it is close to Washington DC, so there is a good resource of tourism. Now, after hosting a few dozens of intelligent, gracious, and responsible travellers from different states and different countries, it will be known as a little paradise. Some of our guests come back, others come by word of mouth. Airbnb makes a real competition to the hotels in our county, and we know that competition drives economy. 

Hopefully, reasonable rules will soon be in place.

[Edwin57]

Thank you for sharing 

[Carol-Lee1]

I used to own a home in Florida that I rented out and the law actually in the county was it had to be rented for 3 months at a time.  It was difficult but I got around it too by having a signed lease.  After all, if a tenant breaks a lease there is nothing they can actually do about it.  I never ran into a problem although my usual tenant was staying the full three months.  Very happy to currently be in a small college town with few options for temporary housing for students parents or others visiting the area.  So far no problems. 

[Adriana197]

Carol,

How did you get around it by having them sign an extended stay lease? How were you able to market to tenants that wanted less than 3 months? 

[Carol-Lee1]

I didn’t market to guests that wanted less than 90 days although the laws in that county allowed for a once a year rental of less than 3 months but all others had to be 90 days.  Where I ran into a problem was the locked guarded entry gates.  I had to show rental leases to the HOA so the tenant could get a gate pass and use the other amenities of the community.  I’m very happy to be out of an HOA situation and I would never buy in another one.

[Scott-and-Sherryn0]

From my understanding, some of you people are having for example guests signing a 30day lease but only paying and staying for 14days to get around the HOA rules. I can't wait for the thread when one of you can't get rid of the guest because they have a signed lease to stay longer, LOL , you reap what you sew. 

[Nick2]

Why so vindictive? 

[Ramon53]

You bought a condo and agreed to its governing documents when you closed. I suggest selling it and moving into a property without rules that protect the values of every owner since you're one of those people who are evidently unable to follow rules.

[Thomas338]

Hear Hear.  Turning your single family property into a hotel is theft, IMHO.

What a clever idea, airbnb, spotting how wonderful single family homes are compared with industrial districts. And mining that beauty for profit.

[Nick2]

Theft? That's a stretch. Trolling.