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? 

[Eric543]

What would be the difference if it was a person I was dating...or family and friends you have not vetted them

[Rachelle30]

Jennifer, Airbnb is simply a conduit, like Facebook or eBay. 

I've rented my place on Airbnb and always had great guests, so I'm not sure why you are so fearful.  Is the world really that scarey? 

[Inspect0]

Parking, trash, loud parties, excessive water usage, stealing from the neighbors.

These problems happen on a regular basis.

[Jodi60]

I agree completely. I may consider choosing resort rentals and discontinuing Airbnb out of principal. I am very unhappy with the burden this has had on our community. I would never want to impose on a similar community.

[Donnamarie2]

It is clear that you do not understand what airbnb is all about.   Most hosts are single older women who use the funds for home maintenance and property taxes...as I do.   I am extremely selective ...no pets, no smokers, and no children.   I rent mostly to golfers...as we are on a golf course, and they spend a lot of money in this community.   I have strict house rules which are always enforced..  I am always here to oversee my guests.    You are far more likely to have problems with an absent owner and a 30 day plus renter.    I have seen that first hand .   I might add I pay county fees and taxes on my earnings...and I lose half my homestead for renting.  It is unfair to demonize folks like myself.   This was an option for me after a very bad accident which left me wheelchair bound for many months.  It paid my medical bills, and my home always looks beautiful inside and out........really can't fathom how that would impact someones health!

[Helen3]

Sorry that's not true @Donnamarie0

There are many hosts who have multiple properties or are run by airbnb management/property companies.

There are also hosts who are families, young couples, young single people etc.

Many hosts use iB and don't vet their guests at all.

Just because you are selective. Doesn't mean everyone is.

[Michael1523]

Jennifer, are the airbnb renters bothering anyone? 

[Karen1305]

What people do in their own homes is there own business, unless it is really illegal. You pay taxes 4 your property and 2 the HOA old asses who just want power over people. How many people are happy with their HOA???

[Ramon53]

How about taking fewer vacations and following the rules you agreed to when you bought the home?

[Joseph16]

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. 

[Nick2]

Thanks.

[Thomas415]

As a homeowner in an HOA with similar regulations, I was caught ADVERTISING (but did not rent) for less than 30 days and was fined $3,400.00. I made corrections to the advertising when issued a "violation" letter within 10 days of the notice. On top of that, one of the HOA Board members posted a negatve review on my VRBO website, even though he has never set foot in the unit.

From an attorney's perspective ... can I fight the amount of the fines? Can I show cause for damages for the negative posting?

[Jen9]

I am not sure, I just took my home off of Air BnB which I didn't want to do. I ran for the board of my HOA and didn't win last year so I am running again this year. The other owners are not that involved so I have to go door to door and pull their support, but we were only ten votes shy last year so I think we can get it this year. The goal is to change the bylaws. I spoke with my elected reps and that is their suggestion as well.

[Doug95]

Jen,

I have thought about doing this as well.  Our POA consists of 2,500 properties now and is located by a Lake.  I rented out my property for about 3 months till I was contacted about no short term leasing.  Anyhow they now only allow their residents to do short term rentals of 30 days or more.  Which makes it hard in this Airbnb Ap, to rent.  I went from making $1,700-$3000 a month to now only renting a room for the month for $600, which is sad.  Thinking about selling and buying anoter in an area where this is legal.  It sucks though becasue I love the house, the location, the neighbors, and the huge oak trees that surround the house.  I've already shopped around and know that I'm not gonna like any other house in this area for the same price that I got mine for.  Thats the kicker!  I wish You luck, and hope you win!  

[Patrick-And-Katja0]

Doug,

you should check if "lease" is defined in your CC&Rs, if it is not, then you might be able to challenge the HOA, as lease is then defined according to current law. The definition is clear that a lease give a tenant "interest" in real estate and the tenant takes possession of the premises". As hosts we do not give guests an "interest" in our properties, not do we create a landlord - tenant relationship. Especially when the owner lives in the unit, it cannot be deemed a lease. 

Also check if there is a clause that  prevents owners from "renting less than the entire unit", if you have that clause and other owners have roommates, that would create an issue for the HOA, as they cannot enforce one rule and not the other.