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? 

[Ed-and-Hugh0]

You can't force guests to remain in the unit the entire 30 days...that's considered false imprisonment. If guests want vacate the property early, there's nothing you or the HOA can do about it.

[Doug95]

That being said, How are people renting with a 30 day minimum on airbnb?  Do they split up the 30 day calendar, say for example I want to make $1000 to rent out one bedroom in my Lake house for a 30 day rental.  Do you just advertise it for $33 a night and note that it must be a 30 day minimum?  Totaling $1000?  

In my case I've got something similar up, but I get a possible booking once a week and 10 times out of 10 they try and book it for 7-10 days @ 33 a night.  That I cannot do, and would be an illegal lease.  Airbnb needs a new type of system that accounts for these HOA 30 DAY MINIMUM RENTALS and maybe we can all get around this B.S. of our Property Owners Association or HOA.  

And I agree, say I had a 30 day rental that started on 2.14.2018 and for whatever reason they rented, they needed to be back for work or family situation and needed to vacate 3.07.2018.  Would this airbnb Lister be okay for the 30 day rental?  I beleive so, he paid for it for 30 days!  Now the only thing I can think of making this a problem is that if the Occupant/Guest wanted his unused portion of the 7 days rental refunded.  I can see why the guest would want that money back, but if we or airbnb refunded it, it would only be a 24 day rental and not a 30 day.  

Instead of adding discounts and such, for longer term use (short term rentals) have another way of booking by the month (30days).  I'd love to just have short term roommates like this.  Its not as good as renting out the whole house for a weekend and paying for your bills, mortgage in 3 days, but it helps a little more.  

[Stacy59]

Should it matter if they actually stay 30 days??

If you only have one renter for 30 days that should suffice. The length of time refers to one renter in a 30 day time period, not to the matter of them being on site for 30 days. 

So if you rent it for 2 weeks of 30 days and not again until after the 30 days, you should be really good. 

[Inspect0]

Does cheating not make you ill?

Whatever gymnastics you use, you are violating.

[Paula856]

How about you buy a home that's not in an HOA to use as a Air BnB? The other owners in the HOA have a right to expect peaceful enjoyment of their home, not a bunch of people coming in and out all hours of the day/night, bunch of cars parking along the street/in front of their house, excessive noise, bunch of people using their ammenities (pool/spa/clubhouse/golf course, etc.) When you buy into an HOA you are expected to follow the CC&Rs, Rules, etc. not figure out away to manipulate them to your liking.

[Nick2]

Update: 

This worked once, but I just came from the most recent HOA meeting. There wasn't a strong 'legalistic' case made against my approach (though they tried), but the HOA board didn't want me doing it again. 

The HOA Board used their authority to enact a policy clearing stating that the owner must vacate for 30-day rentals. 

It was a decent compromise and they handled it well. 

[Jen9]

Thanks for your help! I have an HOA related question.

I purchased my home in August 2015 and lost my job two weeks later. I was never given the covenants during purchase, only the 'Rules and Regulations.' The home was put on Air BnB in October, after I had asked the HOA for an updated 'rules and regulations,' which did not talk about short term rentals.

I got a letter from the HOA, along with the articles, on January 18 telling me that I was in violation of the declarations and to cease my Air BnB immediately. They had a print out of my Air BnB profile, which my neighbor led them to. I had 10 days to respond and responded on January 27. It was noted "alleged non compliance" and told me if I didn't cease immediately I would be fined $100/day. I deleted my Air BnB profile on January 21, as asked.

In my response, I noted other violations from the subdivision that were not being enforced. I sent a follow up letter in mid-February asking why they had not been enforced (i.e. HOA picking which violations to enforce). I also asked them to allow me to honor one final reservation that had been reserved on January 10, before their notice. They never responded until March 5 with the following:

I came home from traveling on Sunday to find a letter in my mailbox, and another certified letter from the property management company (the exact same letter). It says that I have been called to a hearing at the HOA this Friday, March 11, because the previous notice has not rectified the situation! It says:

Your written response to the above stated that you had removed your advertisement for short-term rental of a portion of your unit from the Air BnB web site, however, you also made it clear that you would be honoring a reservation made for the week of February 7-13, 2016, which reservation you secured on January 10, 2016, even after being put on notice that the illegal renting was to cease immediately. (In the letter I ASKED them to let me honor it, and they never responded). I unlisted the Air BnB listing on January 21, just like they asked in the first letter.

Now I am being called to a hearing, can be represented by counsel, and the Board can suspend my use of amenities, voting privileges, etc.

My questions are:
I did what they asked me to do, so why am I still in violation??

[Farad0]

JEN, what happened to you at the end? I think a hearing by the board is nothing to be worried about, You made a great mistake by admiting false to them, You could have guest to your home and it is none of their business

Burdun of Proof is on them to prove you rented the property for a short term,

NEVER ADMIT FALSE, If they give you 10 days, ask for extension, Drag everything, that is what corporate america does

The law is a joke to them, Legally you can ask for itemized expense report of annual budget, so next time they send you a paper saying 80 000 in gardening fees, ask for itemized up to the dollar, I did this in Florida, they failed. i filed a little form with state, they got a letter to comply, they dragged it for 12 month, finally got a citation, then I hired a lawyer, sent them a letter, they paid me 7000 to settle, so Just drag and drag and drag until they take you to court

[Paul-and-Cindy0]

Just wanted to clarify " finally got a citation"...was that the HOA that got the citation and where did you get the form to file should they not comply?

[Jen9]

I got the citation and I went in front of my HOA board. I just took my home off of Air BnB, but I have continued to look for ways to change our declarations and bylaws. Ours are very outdated, written in 1984 and the HOA officers are all investors who just rent out their condos and live in other areas.

[Ehukai0]

I like the way you think, I'm pretty sure I have to get legal counsel too, ughhhhh. Mayb I'll ask for a detailed item expense first!!!

[Jennifer591]

So in other words, you don't care about the rights of other people to have a safe, clean environment. Here's an idea, why don't you buy a property where vacation rentals are permitted instead of lying and cheating your neighbors. HOA rules are put in place because of people like you 

[Maria3073]

Very well said!!! We will not rent out our condos -- under any circumstances -- unless it is within full compliance with HOA. It really is a shame that people will lie, cheat and steal. And manipulate the facts in their own mind and look for people to applaud them and back them up so they can feel they are doing the right thing. I'm assuming these are the same prople that drive without a license and don't have insurance either. 

[Jennifer591]

So in other words, you don't care about the rights of other people to have a safe, clean environment. All you care about is making money.  Here's an idea, why don't you buy a property where vacation rentals are permitted instead of lying and cheating your neighbors. HOA rules are put in place because of people like you 

[Robert563]

I called the police in because of neighbors trepass and harressement of tenant, all foreign nationals. I also called the police on HOA management company. I also conducted  an inspection on the HOA dock and found expired fire exingusher and trip hazards reporte everything to HOA. I am thus showing care to the community unlike the board who had taken no action, possibly due to apathy. The other step is publicity HOAs don't like it. Run on the premise that "their is no such thing as bad publicity"